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Sudhin Kumar vs State Of Kerala

High Court Of Kerala · Decided on 23 November 2020 · Citation: (2020) 11 KL CK 0080

HON’BLE JUDGES
P.V. Kunhikrishnan, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437, 438 · Indian Penal Code, 1860 — Section 498A
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7568 Of 2020
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Judgment

19 paragraphs · 346 words
1.

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

2.

The petitioner is the accused in Crime No.1122 of 2020 of Kunnathunadu Police Station. The above case is registered against the petitioner alleging

offence punishable under Sections 498A of IPC.

3.

The prosecution case is that the wife of the petitioner committed suicide from her parental home on 7.11.2020 due to the mental agony from the

petitioner.

4.

It is alleged that the petitioner mentally and physically harassed the deceased.

54.

Heard the counsel for the petitioner and the learned Public Prosecutor.

5.

The counsel for the petitioner submitted that the deceased left his house about three months back. Thereafter, she committed suicide. The counsel

submitted that the offence under Section 498A is not attracted in this case. The counsel also submitted that the petitioner is ready to abide any

conditions if this Court grant him bail.

6.

The Public Prosecutor seriously opposed the bail application. The Public Prosecutor made available the suicide note of the deceased.

7.

After hearing both sides, I think this is not a fit case, in which orders under Section 438 of the Cr.P.C can be issued. The allegations against the

petitioner are very serious. Counsel for the petitioner submitted that the petitioner is ready to surrender before the investigating officer and co-operate

with the investigation. Consideration of bail application under Section 438 and consideration of bail application under Section 437 Cr.P.C are different.

Considering the entire facts and circumstances, I think this bail application can be disposed of with the following directions:

(i) The petitioner shall appear before the investigating officer within 10 days from today. The investigating officer can interrogate the petitioner.

Thereafter, if the petitioner is arrested, the petitioner will be produced before the jurisdictional court forthwith.

(ii) When the petitioner is produced before the jurisdictional court,, if a bail application is filed by the petitioner after giving prior notice to the

Prosecutor concerned, the learned judge will consider the same on the date of filing the bail application itself.