BINU B Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner is working in the Indian Air Force. He married a girl by name Anju on 29.10.2010. They have a child, who was born in the year 2011. While so, the relationship between the petitioner and his wife became strained. She started residing separately from the petitioner from 12.06.2014 onwards. After their separation, his wife initiated proceedings before the Family Court seeking maintenance for herself and her child and another petition seeking realization of money and gold. She also filed a petition seeking divorce. Simultaneously, she filed a complaint before the learned Magistrate, Thiruvananthapuram alleging offence punishable under Section 323,498A, 511 r/w. Section 34 of the IPC against the petitioner. Based on the said complaint, Crime No.777 of 2015 was registered on 27.7.2015. While the proceedings were pending as aforesaid, his wife committed suicide by hanging herself in the window of her parental home some time between 8.30 P.M., on 30.11.2015 and 6 A.M. on 01.12.2015. Based on the information furnished by a near relative, Crime No. 1578 of 2015 was registered initially under section 174 of the Cr.P.C., 1973

(3.) Nothing much happened to the case till 13.5.2017, on which day, an order was issued by the Assistant Superintendent of Police, Attingal, directing the S.I. of Police, Chirayinkeezhu, to take up investigation. Immediately thereafter, by order dated 14.6.2017 issued by the ADGP, investigation was entrusted with the District Crime Branch. Thereafter, Section 304B of the IPC was incorporated and the investigation was taken over by the Dy.S.P District Crime Branch and the investigation was linked with Crime No.777 of 2015 of the Sreekaryam Police Station. Apprehending arrest and detention, the petitioner is before this Court.