IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4297 of 2008() ----------------------------- CRIME NO.274/07 OF VARKALA POLICE STATION PETITIONER/ACCUSED ----------------------------------- SHAJI, AGED 37, S/O. RAGHAVAN, CHANTHAVILA VEEDU, AYIROOR.P.O, CHIRAYILKEEZHU, TRIVANDRUM DT. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, TRIVANDRUM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4297 of 2008 ----------------------------------------- Dated this the 6th August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 304B read with 34 of Indian Penal Code. According to prosecution, the petitioner married the deceased and the petitioner and his mother harassed her, consequent to which she committed suicide by hanging and a crime was registered against the petitioner and his mother. 3. Learned counsel for petitioners submitted that the allegations are against the mother and the de facto complainant. But, she was granted anticipatory bail as per order order dated 30.6.2007 in Crl.M.C.No.1363/2007 by the learned Sessions Judge. The suicide note which was seized under mahazar will show that the deceased had no ill-feeling towards the petitioner and but if at all she had any grudge, it was against her mother-in-law, who is granted anticipatory bail. The suicide note itself is sufficient to infer that the petitioner had not in any way harassed the deceased, it is submitted. BA.4297/08 2 4. On hearing both sides and on going through the documents produced, I am satisfied that the petitioner can be granted anticipatory bail. Hence, the following order is passed: i) Petitioner shall surrender before the investigating officer and he will make himself available for interrogation. ii) Thereafter, in the event of arrest, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on condition that he will co-operate with the investigation and appear before the investigating officer as and when directed and also on condition that he will not intimidate or influence any witness. Petition is allowed. K.HEMA, JUDGE vgs.