IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6565 of 2008() ----------------------------- CRIME NO.480/08 OF CHOKLI POLICE STATION PETITIONER -------------------- SAJITH.K, S/O. CHANDRAN, KEERANTAVIDU HOUSE, KARALATHERU, PARAL.P.O, THALASSERY. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- STATION HOUSE OFFICER, CHOKLI POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6565 of 2008 ----------------------------------------- Dated this the 24th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498A and 306 read with 34 of Indian Penal Code. A crime was registered under the caption 'unnatural death', on a statement given by the cousin of the deceased Sheena. Thereafter, Sections were altered to Sections 498A, 306 and 34 IPC and the investigation is being conducted against four persons, who are the husband, mother-in-law, sister-in-law and brother-in-law of the deceased Sheena, on the allegation that they harassed her mentally and they have abetted the suicide. Petitioner is the husband of the deceased Sheena. 3. Learned counsel for petitioner submitted that the marriage between the deceased Sheena and the first accused was conducted on 17.8.2008. There was a reception at her house on 22.8.2008 and at his house on 23.8.2008. On the next day morning on 24.8.2008, all were planning to go to Guruvayur. But the first accused heard a sound while he was taking bath and on enquiry, it was found that his wife had jumped into the well and committed suicide. The relationship between the couple was cordial and no allegation was made by any person against the petitioner or the family members regarding any BA.6565/08 2 illtreatment by them on the deceased. However, on 28.8.2008, a statement was given by the deceased Sheena's sister's husband that she had told her sister that she was being teased from the husband's house about her complexion etc. and that she had a lot of work in the house. The petitioner himself is not aware as to why the deceased Sheena has committed suicide within eight days of her marriage. It is not known whether the deceased Sheena was ailing any depression also. Any way, the reason stated is too insufficient and vague to drive a person to commit suicide, it is submitted. 4. Learned Public Prosecutor submitted that there are no specific allegations regarding the illtreatment except that she was being teased stating that she was not very fair etc. The said complaint itself gave only at a belated stage. 5. On hearing both side, I find that some directions can be given to protect the interest of both sides. Hence, the following order is passed. Petitioner (first accused) shall surrender before the Magistrate Court concerned within seven days from today and if bail application is filed, 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 learned Magistrate, on the following conditions: BA.6565/08 3 i) Petitioner shall make himself available for interrogation as and when directed. ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.