IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Bail Appl..No. 6086 of 2008(C) -------------------------------------- CRIME NO.276/2008 OF KURATHIKADU POLICE STATION PETITIONER - 2ND ACCUSED : ------------------------------------ GEETHA, AGED 36 YEARS, W/O.ANANDAN, ANU BHAVANAM, ARANOOTTIMANGALAM, VETTIYAR VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.R.PADMAKUMAR RESPONDENT/STATE : --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6086 of 2008 ------------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 306 and 34 IPC. According to prosecution, petitioner along with her husband (A1) assaulted the de facto complainant's husband from their house and thereafter, they abetted him to commit suicide. He consumed acid and committed suicide. 3. Learned counsel for the petitioner submitted that originally the crime was registered under Sections 302 and 34 IPC. The allegation made by the de facto complainant was that there were injuries on the body of her deceased husband and those were inflicted by the petitioner and her husband. But, the cause of death was reported as consumption of acid as per the postmortem certificate. Thereafter, the Section is altered to one under Section 306 IPC. There is no allegation that the petitioner persuaded him to commit suicide by doing any overt act. 4. Some incident happened in the house of the petitioner while deceased came to petitioner's house for questioning the BA No.6086/08 2 petitioner and her husband, regarding cutting of branches of a rubber tree. Petitioner's husband was assaulted by the deceased and he sustained injuries as evidenced by Annexure I. In the said incident, the deceased would have sustained some injuries, but, it is not a cause of death, it is submitted. For such an incident, petitioner may not be made liable for offence under Section 306 IPC, it is submitted. It is not stated by the de facto complainant when the acid was consumed. It may be either before the incident or after the incident. There is a clear suppression from the side of the de facto complainant in mentioning about this in the FIS. In such circumstances, petitioner who is a woman, if she is remanded to custody, will suffer irreparable injury and loss. Petitioner is also having a child aged two years. Hence, anticipatory bail may be granted, it is submitted. 5. Learned public prosecutor submitted that the offence was altered to one under Section 306 IPC. There is no case that the acid was administered by force. The first accused was arrested and released on bail. Petitioner is the wife of the first accused. She may be directed to surrender before the BA No.6086/08 3 Investigating Officer and co-operate with the investigation. Subject to that he has no objection in granting anticipatory bail, it is submitted. Hence, the following order is passed: (i) Petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. If petitioner is directed, she shall be produced before the Magistrate Court concerned in accordance with law. (ii) On production of the accused, she shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the arresting officer on condition that she will report before the Investigating Officer as and when directed and co-operate with the investigation and shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl