IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 71 of 2009(B) ---------------------------------- CRIME NO.71/2008 OF CBCID, KANNUR PETITIONER/ACCUSED : ---------------------------- K.U.JACOB @ KUNJU ,S/O. UTHUP KAKKUVETTIKUZHIYIL HOUSE, ARABI PO VAYATHUR AMSOM DESOM TALIPARAMBA TALUK, KANNUR DISTRICT BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE : ------------------------------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE CBCID, KANNUR. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------- B.A. No.71 OF 2009 --------------------------- Dated this the 15th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 306 of I.P.C. According to prosecution, petitioner, who is the paternal uncle of the deceased, aged 17 years told the boy as to why he could not go and die, when he was found peeping into the bath room when the petitioner's daughter was taking bath. This happened in the evening of the crucial day and in the night, the boy committed suicide in another maternal uncle's house, who was residing close-by. 3. Learned counsel for petitioner submitted that deceased's mother committed suicide. Thereafter, his paternal uncles were looking after the child affectionately and all of them were all residing close-by. The father re-married another woman and hence, the victim's maternal uncles were having enmity towards petitioner, since they were under the impression that petitioner was instrumental for getting the deceased's father re-marry within a short time after his former B.A.No.71 of 2009 2 wife's death. 4. According to petitioner, petitioner's mother and petitioner had suicidal tendencies. The boy was ailing from some problems for some time and he used to fall down unconscious and he used to have convulsion. Even on the previous day, on 22.01.2008 the child was taken to the doctor in a hospital as evidenced by Annexure I for the same problem. The boy had also written entrance examination for NTTF, but in the S.S.L.C. Examination, he got only 59% marks as against the qualifying marks of 60% for Maths. So he lost his chances to get admission to the course, which he opted for. For all these reasons, the boy was mentally disturbed and the complaint is lodged only at the instance of his maternal uncles. 5. According to petitioner, the incident as alleged by the prosecution had not taken place at all. Even if, for the argument's sake, prosecution story is admitted that learned counsel for petitioner submitted that it is only natural for any father or maternal uncle to react in the manner alleged by the prosecution if a boy aged 17 years is found peeping into the bath room while his sister is taking bath. It is also argued that B.A.No.71 of 2009 3 technically offence under Section 306 of I.P.C. is not attracted, since petitioner cannot be attracted with any intention to abet suicide. It is the intention of the accused which is more relevant and not the intention of the deceased. Taking all these facts into consideration, it is submitted that anticipatory bail may be granted failing which, petitioner will be remanded and he will sustain irreparable injury and loss. 6. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and co-operate with the investigation. Subject to that, he has no objection in granting anticipatory bail. On hearing both sides and on going through the documents produced, I am satisfied that anticipatory bail can be granted to petitioner on conditions, taking into consideration the peculiar facts and circumstances pointed out by learned counsel for petitioner. Hence, the following order is passed. Petitioner shall surrender before the Investigating Officer within 7 days from today and he shall be released on bail on his executing B.A.No.71 of 2009 4 bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the arresting officer on the following conditions : i) Petitioner shall co-operate with the investigation and make himself available for interrogation and report before the Investigating Officer as and when directed. ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac