UDAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The common petitioner in C.R.223/CR/94 of C.B.C.I.D. for offences punishable under Sections 304 (B) and 306 read with Sec. 34 I.P.C. and in a private complaint arising out of the same occurrence in which the wife of the petitioner had committed suicide, seeks anticipatory bail. The private complaint was taken on file by the J.F.C.M., Kattakkada and numbered as C.P. 19/1996.

(2.) Consequent on the non-appearance of the petitioner and another accused, the case against them was re-filed as C.P. 63/1998. The police charge case upon which cognizance was taken was numbered as C.P. 16/1998. Consequent on the non- appearance of the petitioner the case was re-filed as C.P. 277/2000.

(3.) The case of the petitioner is that since he was abroad he did not receive summons from the committal court and while so, the rest of the accused have been tried and acquitted by the Assistant Sessions Court, Neyyattinkara in S.C. 115/98 Bail A.No.954 & 955 of 2007 -:2:- and S.C. 628/2001, after a joint trial.