IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1792 of 2008() ----------------------------- CRIME NO. 68/08 OF KAREELAKULANGARA POLICE STATION PETITIONERS/ACCUSED 2 & 3 ------------------------------------------ 1. RENJITH, S/O.VISWAMBHARAN, AGED 32, VISWA BHAVANAM, WARD XI, CHINGOLI PANCHAYATH, CHINGOLI MURI, CHINGOLI VILLAGE. 2. VISWAMBHARAN, AGED YEARS, VISWA BHAVANAM, WARD NO.XI, CHINGOLI PANCHAYATH, CHINGOLI MURI, CHINGOLI VILLAGE. BY ADV. SRI.G.RAJEEVKUMAR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1792 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 2 and 3. They are the father and brother of the husband of the deceased. The marriage between the deceased and the first accused took place on 20.1.2008. The girl was taken to the matrimonial home. There, in addition to the husband, the petitioners – the bother and father of the husband – alone were there. Of course the wife of a deceased brother of the father was also residing with them. The spouses by all account had led a very normal and happy life. They had gone to the parental house of the bride on a couple of occasions after the wedding also. There was nothing for any one to perceive which suggested that there was any strain in the matrimony. The husband had to go abroad to his place of employment within a week. It is in these circumstances that the deceased committed suicide on 21.2.2008 by hanging herself in the kitchen of the matrimonial home. B.A.No. 1792 of 2008 2 2. Initially no specific allegations were raised. There is even now no allegation of any harassment for dowry or amounts. The deceased had committed suicide without leaving any suicide note also. Certain pieces of conduct of the husband and the petitioners allegedly aroused dissatisfaction in the minds of the relatives of the deceased. Whey were the parents not informed of the suicide and only the brother of the deceased employed far away alone informed? This and certain other circumstances allegedly aroused dissatisfaction and the allegation now raised is that it was not a case of suicide and at any rate such suicide must have been on account of matrimonial cruelty. 3. The learned counsel for the petitioners submits that fanciful allegations are raised by the frustrated relatives of the deceased. The unfortunate death of the deceased notwithstanding, it would be unkind to attribute blame on the petitioners for her unfortunate death. The deceased, it is now alleged, had allegedly told her mother that she does not approve of the conduct and behaviour of her brother-in-law. This appears to be the only allegation raised. What exactly was the improper behaviour and to whom such improper behaviour was resorted B.A.No. 1792 of 2008 3 to are not clear from the materials available. In any view of the matter, the petitioners may be granted anticipatory bail, it is prayed. 4. The learned Prosecutor does not oppose the application, but submits that appropriate conditions may be imposed to ensure a fair, efficient and expeditious investigation. 5. I am satisfied that appropriate directions can be issued under Section 438 Cr.P.C. in favour of the petitioners. 6. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 8.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 B.A.No. 1792 of 2008 4 p.m. On 9.4.2008 and 10.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 8.4.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (e) If the petitioners were arrested prior to their surrender on 8.4.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 8.4.2008. (R. BASANT) Judge tm