IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1008 of 2008() ----------------------------- CRIME NO.31/08 OF HOSODURG POLICE STATION PETITIONER/ACCUSED ----------------------------------- K.JANAKI, AGED 45 YEARS, D/O.LATE AMBUNHI, KAVUNGAL VEEDU, PUTHIYAKANDAM, ANANDASHRAM. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1008 of 2008 ------------------------------------------------- Dated this the 27th day of February, 2008 ORDER Application for anticipatory bail. The petitioner is the sister-in-law of the deceased wife. The spouses were residing together in an adjacent separate house. By all indications, the newly weds were leading a very happy life in the company of each other under one roof with no one else to disturb them. The sister-in-law and the mother-in-law of the deceased happened to be residing in an adjacent house. There is allegation that the petitioner – sister-in-law, and the deceased – wife, were not seeing eye to eye in many matters. The sister- in-law was behaving unpleasantly to the newly wed wife. The wife is alleged to have committed suicide by hanging at a time when she alone was in her house and her husband had gone away. No suicide note is left by the wife. When efforts were B.A. No. 1008 of 2008 -: 2 :- made to trace the cause of death, it was revealed that there was some strain in the relationship between the petitioner – sister-in- law, and the deceased. The crime was registered under the caption “unnatural death” under Sec.174 of the Cr.P.C. But in the course of investigation, allegations have been included under Secs.306 and 498A of the IPC. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even if the entire allegations were accepted, all that turns out is that the two sisters-in-law were not very happy with each other. There is no specific allegation of any such objectionable wilful conduct which would attract an offence under Sec.498A of the IPC. The normal wear and tear in the relationship between the in-laws cannot be readily construed as constituting culpable matrimonial cruelty, submits the learned counsel for the petitioner. The learned counsel for the petitioner submits that, in fact, there is absolutely nothing to indicate that any conduct on the part of the petitioner had prompted or trigerred the unfortunate suicide by the wife. The petitioner may, in these circumstances, be granted anticipatory bail. She may not be subjected to the undeserved trauma of arrest and incarceration, submits the B.A. No. 1008 of 2008 -: 3 :- learned counsel for the petitioner. 3. I have considered all the relevant inputs. The Case Diary has been placed before me for my perusal by the learned Public Prosecutor. I have perused the same. Having considered all the relevant inputs, I am of opinion that there is nothing in this case which would justify the denial of anticipatory bail to the petitioner. The learned Public Prosecutor also does not oppose the application for anticipatory bail. I am satisfied that subject to appropriate conditions which shall ensure the interests of a fair and efficient investigation, the petitioner can be granted anticipatory bail. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 6/3/08. She shall be released on regular bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 7/3/08. Thereafter the petitioner shall appear before the Investigating Officer as and when directed by the B.A. No. 1008 of 2008 -: 4 :- Investigating Officer in writing to do so. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to her surrender on 6/3/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 6/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge