IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Bail Appl..No. 802 of 2009() ---------------------------- (CRIME NOT REGISTERED OF ERATTUPETTA POLICE STATION) PETITIONER -------------------- RAJESH, AGED 34 YEARS, S/O.RAJAN, KIZHAKKEVEETTIL, THALAPPALAM, PLASNNAL P.O., ERATTUPETTA, KOTTAYAM. BY ADV. SRI.K.V.SABU RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, KOTTAYAM. 2. SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERAL, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ----------------------------------------- B.A.No. 802 of 2009 ----------------------------------------- Dated this the 27th February, 2009 O R D E R This petition is filed under Section 438 of the Code of Criminal Procedure by the accused in Crime No.96/2009 of Kattappana Police Station (according to petitioner, crime is not registered and relate to Erattupetta Police Station). Learned Public Prosecutor submitted that the crime is registered under Section 306 of the Indian Penal Code. Case of the petitioner is that he has not committed any offence and he got acquainted with deceased Ms.Remya as she was at that time employed near the place where the petitioner used to park his tempo van and when they got acquainted and finding that Remya is in difficult conditions, on her request, he took her to Vijayawada for arranging an employment and it was done with the permission of the wife of the petitioner and while they were on their onward journey, on getting information that relatives of deceased Remya had lodged a complaint, they returned back and thereafter, Remya was in her house and petitioner is not BA.802/09 2 responsible for the suicide of Remya and in such circumstances, petitioner is to be granted anticipatory bail. 2. Learned Public Prosecutor submitted that on the complaint filed by the brother of the father of Remya, a case was originally registered for man missing and subsequently after Remya committed suicide, the offence is altered to Section 306 IPC and it is being investigated. Learned Public Prosecutor also submitted that a suicide note was left by Remya and based on which, case is being investigated with petitioner as the accused and it is necessary to interrogate the petitioner and in such circumstances, anticipatory bail may not be granted. 3. On hearing the learned counsel appearing for petitioner and the learned Public Prosecutor, I find that this is not a fit case to invoke the extraordinary jurisdiction of this Court to grant anticipatory bail. In the nature of the case, custodial interrogation of the petitioner is necessary. This petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE vgs.