IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 471 of 2010 CRIME NO.5 OF 2010 OF CHEEMENI POLICE STATION, KASARAGOD DISTRICT PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. RAJESH, S/O.NARAYANAN, AGED 33 YEARS, KANIYANKUNDU, DURGA NAGAR, PERIYA P.O.. 2. CHANDRAVATHY.P., W/O.NARAYANAN, AGED 56 YEARS, KANIYANKUNDU, DURGA NAGAR, PARIYA P.O. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 471 OF 2010 ------------------------------------------------------ Dated this the 16th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.5 of 2010 of Cheemeni Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 498A and 306 read with Section 34 of the Indian Penal Code. 3. The first accused is the husband of the deceased while, the second accused is her mother-in-law. The marriage between the first petitioner and the deceased Mini took place on 8.3.2006. A child was born in that wedlock. On 6.1.2010, Mini committed suicide by hanging on a tree near a rubber estate, some distance away from her house. 4. I have perused the case diary file in great detail. I have B.A. NO. 471 OF 2010 :: 2 :: also perused the suicide note made by Mini. While disposing of this application for anticipatory bail, I do not think it is proper to arrive at any conclusion or to make any observation with respect to the merits of the contentions of the parties. 5. Taking into account the facts and circumstances of the case, I am of the view that the second petitioner/second accused is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. All the allegations of cruelty throughout the period from 2006 to 2010 are pointed against her and not against the husband who is the first accused. Of course, there are some objectionable conduct on the part of the first petitioner, but at that time he was suffering from chicken pox. Probably, that may be the reason why he reacted sharply at that time. It is true that Mini committed suicide on the same day after she came to the house of the accused to see her husband who was suffering from chicken pox. On considering the broad facts and circumstances of the case, I am of the view that this is a fit case where anticipatory bail can be granted to the first petitioner/first accused. 6. There will be a direction that in the event of the arrest of the B.A. NO. 471 OF 2010 :: 3 :: first petitioner (accused No.1), the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The first petitioner shall appear before the investigating officer for interrogation as and when required; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The first petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed in the manner indicated above in so far as it relates to the first petitioner/first accused and it is dismissed in so far as it relates to the second petitioner/second accused. (K.T.SANKARAN) Judge ahz/