IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 5986 of 2008() ----------------------------------------- (CRIME NO.298/2008 OF PEECHI POLICE STATION) PETITIONERS/ACCUSED: -------------------------------------- 1. ARAVINDAKSHAN, S/O. GOPALAN NAIR, POTTANAT HOUSE, P.O.AYYAPPANKAVU, OLLUKKARA, THRISSUR DISTRICT. 2. AJESH, S/O. ARAVINDAKSHAN, POTTANATT HOUSE, P.O. AYYAPPANKAVU, OLLUKKARA, THRISSUR DISTRICT BY ADV. SRI.M.R.VENUGOPAL RESPONDENTS:COMPLAINANT: ------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------------------------------------- B.A.No.5986 of 2008 ------------------------------------------------- Dated this the 30th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 306 read with Section 34 IPC. According to prosecution, one Sajeevan, his wife and child committed suicide and one child escaped from the attempt. First Information Statement was given by one of the neighbours, based on which a crime is registered under the caption “unnatural death”. During the inquest, a suicidal note was found out, by which, the responsibility was fixed upon the petitioners for the suicide. Investigation is being conducted, incorporating section 306 IPC and 34 IPC. 3. This is the second application for anticipatory bail. Learned counsel for the petitioners submitted that certain facts could not be brought to the notice of this court, when the earlier application for anticipatory bail was considered. Petitioners are implicated as per the suicidal note, alone, which is allegedly written by the deceased. It is stated therein that her husband BA No.5986/08 2 was falsely implicated by the petitioners in an offence and that is what led to the suicide. But, the said fact is not correct and there are documents to establish the same, it is submitted. 4. Prior to the suicide, the deceased Prasad and others had assaulted the second accused and he was hospitalised and the second accused sustained a fracture also. The name of the deceased was shown in the FI statement itself of that case. A complaint was filed by one of the co-accused in that case also, as a counter case, wherein also, the presence of the deceased Prasad in the incident was mentioned. Therefore, there was no false case, as alleged in the suicidal note. The only material available with the police is the suicidal note, but its foundation itself is shaky, in the light of the above facts, it is contended. 5. Learned counsel for the petitioners also submitted that the police has not so far investigated into and found out whether the suicidal note is in the handwriting of the deceased. Even the child who has escaped, has not been so far questioned. Therefore, petitioners may not be harassed, on the basis of such an alleged suicidal note and they may be granted anticipatory bail, it is submitted. It is also submitted that offence under BA No.5986/08 3 Section 306 IPC will not be attracted, even if all the allegations are accepted. 6. This petition is opposed. Learned public prosecutor submitted that the suicidal note makes special reference to the petitioners and the matter is being investigated into. The crime was registered as early as on 24.6.2008, and the petitioners could not be arrested so far. Petitioners are required for interrogation and in the nature of allegations made, it is not fit to grant anticipatory bail, it is submitted. 7. On hearing both sides, I find that it is too early for me to consider whether the facts reveal the offence under Section 306 IPC or not. The investigation is at the early stage and in the nature of allegations made, the victims having committed suicide, it may be difficult for the Investigating Officers to find out the real cause, even without interrogating the petitioners against whom specific allegations are made in the suicidal note. In the light of the suicidal note, there is sufficient material to proceed with investigation. There is a specific reference of petitioners, as cause for the suicide. They will be required for the purpose of custodial interrogation and for an effective BA No.5986/08 4 investigation into the crime, since there may be matters which are within their exclusive knowledge. The possibility of a different cause for a suicide is not revealed from any materials or encumbrances. 8. The failure of the prosecution Investigating Officers or the defect in the investigation also, does not persuade me at this stage to take it as a ground to grant anticipatory bail. The investigation is at the very initial stage and petitioners have not been available for interrogation. Petitioners shall therefore surrender before the Investigating Officer and co-operate with the investigation, without any further delay. With this direction, this petition is dismissed. K.HEMA, JUDGE csl