IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 7882 of 2007() ----------------------------- [CRIME NO.635/2007 OF PATTAMBI POLICE STATION] : PETITIONERS(ACCUSED) ------------------------------------- 1. JITHESH, S/O APPUNNI, AGED 33, RESIDING AT THAZHATHE VEEDU, THRIKANDIYUR, TIRUR. 2. YESHODHA, W/O APPUNNI, AGED 65, RESIDING AT THAZHATHE VEEDU, THRIKANDIYUR, TIRUR. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER SRI.T.K.KUNHABDULLA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7882 of 2007 ---------------------------------------- Dated this the 8th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are the husband and mother-in-law of the deceased who committed suicide on 18/12/2007. The marriage had taken place on 21/4/2007. Fifteen days after the marriage, the husband left for his place of employment abroad. On 25/7/2007, the mother-in- law (second accused) and the bride proceeded to the place of employment of the husband (first accused). On 08/12/2007, the bride committed suicide at the house of the husband. The police at Sharjah, the country of employment of the husband, has initiated proceedings. Postmortem examination was conducted there. The body has been brought to India. A fresh postmortem examination was conducted before burial. No indications are so far available to show that the death was on account of any reasons other than suicide by hanging. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The young bride had committed suicide not because of any act of cruelty on the part B.A.No.7882/07 2 of the petitioners but because of mal adjustments. In any view of the matter, there is nothing to indicate that the deceased was subjected to any matrimonial cruelty by the petitioners. The learned counsel for the petitioners relies on a suicide note which allegedly was available at the scene of the suicide which indicates the intense personal relationship between the deceased and the husband/first accused. The original of the suicide note is with the police authorities at Sharjah. It is submitted that the de facto complainant has produced the copy of the suicide note which was sent to him by someone in Sharjah. Of course, a counsel through whom the de facto complainant, that is the father of the deceased, had appeared before this court, submits that the genuineness of the said note is accepted by the de facto complainant. The same deserves to be investigated into in greater detail, submits the said counsel. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioners can be granted anticipatory bail. Appropriate conditions can of course be imposed which shall ensure the interests of a fair and expeditious investigation. B.A.No.7882/07 3 4. I have taken this view notwithstanding the opposition raised by the learned counsel for the de facto complainant who asserts that though the de facto complainant had also received a copy of the alleged suicide note, the same is not accepted by him and the same deserves a further and more detailed scrutiny. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 15/01/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 16/01/2008 and 17/01/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in the case. Thereafter the petitioners shall so appear on all Mondays and Fridays between B.A.No.7882/07 4 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 15/01/2008, they shall be released from custody on their executing a bond for Rs.25,000/-(Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 15/01/2008. (R.BASANT, JUDGE) jsr B.A.No.7882/07 5 B.A.No.7882/07 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007