IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 949 of 2008() ---------------------------- CRIME NO.13/08 OF MEPPADI POLICE STATION CRMP.269/2008 of DISTRICT COURT, KALPETTA .................... PETITIONERS : ACCUSED NOS.1 TO 3: ------------------------------------ 1. P.M.VENUNATHAN, S/O.LATE MADHAVAN, AGED 47 YEARS, NEERCHAL HOUSE, P.O.KUPPADI, KUPPADI AMSOM, SULTHANBATHERY TALUK. 2. P.M.SANTHOSHKUMAR, S/O.LATE MADHAVAN, AGED 39 YEARS, AISWARYA NIVAS, PUTHANKUNNU P.O. KUPPADI AMSOM, S.BATHERY TALUK. 3. N.P.RAMESH, S/O.ANANDA, AGED 52 YEARS, SIVARANJINI, KATTAYADE, S.BATHERY AMSOM, S.BATHERY TALUK. BY ADV. SRI.C.K.SREEDHARAN SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: ------------------------- 1. THE SUB INSPECTOR OF POLICE, MEPPADI POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KALPETTA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 949 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered under Section 306 r/w. 34 I.P.C. The crux of the allegations against them is that they had abetted commission of suicide by the deceased. The deceased had maintained a diary, in which we get some inklings about the cause of his committing suicide. He had financial liability, which he could not discharge, for which he was harassed. There was also a statement that the registration certificate of his vehicle is entrusted with a financial establishment run by the petitioners and that though the liability has been discharged the registration certificate has not been returned. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. Even accepting the entire allegations, the petitioners cannot be held to be liable under Section 306 B.A.No. 949 of 2008 2 I.P.C. The mere fact that the conduct of the petitioners were found by the deceased to be unacceptable and such conduct had prompted him to commit suicide, is no reason to assume that the petitioners had abetted the commission of suicide by the deceased. In any view of the matter, the petitioners may not be subjected to the undeserved trauma of arrest and detention. They may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor opposes the application. But on a consideration of all the relevant inputs, I am persuaded to accept the contention of the learned counsel for the petitioners that the petitioners are entitled for anticipatory bail. In coming to this conclusion I have taken note of all the circumstances, including the nature of the allegations, the data collected and the stage of investigation. 4. I am satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. B.A.No. 949 of 2008 3 (a) The petitioners shall surrender before the learned Magistrate on 20.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 21.2.08 and 22.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer between 10 and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 20.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. B.A.No. 949 of 2008 4 (d) If the petitioners were arrested prior to their surrender on 20.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 20.2.2008. (R. BASANT) Judge tm