Jimmy George vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.1293 of 2023 of Ollur Police Station, Thrissur, registered under Sections 498A and 306 of the Indian Penal Code.

The prosecution allegation is that, the wife of the petitioner named Neethu, committed suicide by hanging at 10.30 pm on 24.11.2023, at the house where she was living with her husband. The allegation is that the petitioner was a drunkard, and he ill-treated her physically and mentally, and later abetted her suicide.

Heard learned counsel for the petitioner and learned Public Prosecutor. Learned Public Prosecutor vehemently opposed the bail application.

On going through the records available, it could be seen that the marriage between the petitioner, and the deceased was a love marriage, and after marriage, the petitioner who was a drunkard failed to maintain her, and he used to harass her physically as well as mentally. Later, he abetted her to commit suicide by hanging on 24.11.2003 at 10.30 pm. The investigation is going on. Considering the gravity of the offence and the stage of investigation, this Court is not inclined to release the petitioner on anticipatory bail.

So, the petitioner is directed to surrender before the Investigating Officer on or before 14.02.2024, and in the event of arrest, the petitioner has to be produced before the jurisdictional magistrate on the date of arrest itself.

With this direction, this bail application is disposed of .