IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Bail Appl..No. 3728 of 2008() ----------------------------- CMP.1860/2008 of J.M.F.C.,VADAKARA CRIME NO.150/08 OF VATAKARA POLICE STATION PETITIONER ----------------- SREENATHUNNI, AGED 30 YEARS PRESENTLY IN CUSTODY).S/O.LATE BALAN, KALLUNIRA PARAMBATH HOUSE, NADAKKUTHAZHA AMSOM, MEPPAYIL BY ADV. SRI.C.V.MANUVILSAN SRI.SYAM J SAM RESPONDENTS: ---------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, VADAKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3728 of 2008 ----------------------------------------- Dated this the 16th day of June, 2008 O R D E R This petition is for bail. 2. According to prosecution, petitioner committed offence under Section 305 of Indian Penal Code by abetting suicide of a neighbour who is a minor, aged 16 years. According to prosecution, the petitioner was teasing the alleged victim using obscene and vulgar language etc. hereby abetting suicide. 3. Learned counsel for petitioner submitted that the petitioner is the victim's neighbour and he is undergoing treatment for Bipolar Affective Disorder and Obsessive Compulsive Disorder. He was treated by a Psychiatrist at the Government Medical Health Centre, Kozhikode. He was also consulted at NIMHANS, Bangalore. Various certificates are produced as Annexures A1 to A4 series which show that he has been continuously under treatment of the Psychiatrist for the above disorders. It is submitted that victim used to tease the petitioner by calling him an insane person and being aggrieved he had complained about the same to his family members. Petitioner's parents thereafter, made complaints to the BA.3728/08 2 victim's parents about the harassment on their son by the victim in this case. The victim's parents warned her accordingly and thereafter she committed suicide. In the complaint lodged by the victim's uncle, no suspicion was raised against the petitioner's involvement. 4. Petitioner is in custody from 3.5.2008 onwards. Learned Public Prosecutor submitted that the petitioner was questioned by the police and his continued detention may not be required for purpose of investigation. 5. On hearing both sides, I am satisfied that the petitioner can be granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. One of the parents of the petitioner shall also execute bond for Rs.25,000/- an additional surety, whether solvent or insolvent. ii) Petitioner shall co-operate with the investigation and appear before the investigating officer as and when directed. Petition is allowed. K.HEMA, JUDGE vgs.