IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Bail Appl..No. 4231 of 2010(D) ------------------------------------------ (CRIME NO. 972/2007 OF KUNDARA POLICE STATION, KOLLAM DISTRICT) .................... PETITIONER/3RD ACCUSED: ----------------------------------------- ARIFA BEEVI, AGED 53 YEARS, S/O. MUHAMMED HUSSAIN, OLIKKARA KAYALUVARATHU, THEKKECHERRY, THRIKKARUVA, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ. RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 4231 of 2010 ----------------------------- Dated this the 20th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 306 and 498(A) read with Section 34 of the Indian Penal Code. According to prosecution, accused nos. 1 to 4 abetted commission of suicide by deceased Nadeera. First accused is the husband, second accused is father-in-law(dead) and third accused is mother-in-law of the deceased Nadeera. The 4th accused is co-brother of the first accused. There is also a further allegation that all the accused, in furtherance of their common intention, harassed the deceased Nadeera physically and mentally after the marriage. 3. learned counsel for petitioner submitted that the deceased died to heart attack and no crime was registered for unnatural death. There was no allegation that it was a case of suicide. It was only a natural death. First accused, who is the husband of the deceased was working abroad and on getting information, about the death of the deceased came down and he attended the burial. B.A. No. 4231 / 2010 3 The custody of the children was given to first accused, as decided by both families. 4. But, some difference of opinion occurred in respect of some property of the deceased. As per law, major share will be go to the husband. Therefore, much after the death, the crime is registered on the basis of a private complaint, alleging that it is suicide etc. In fact, no offence under Section 306 of the Indian Penal Code will be attracted, since this is not a case of suicide and no suicide is involved. 5. Learned Public Prosecutor submitted that main allegations are made against 1st and 4th accused. It is true that no complaint was lodged before the police, but a private complaint was filed months after the death. This is because of the fact that some diary and letters written by the deceased were found out later in which it is alleged that she was harassed at her matrimonial house by accused nos. 1 to 4. However, it is conceded that there are only general allegations against petitioner, who is the mother-in-law. Hence, he has no objection in granting bail to petitioner on conditions, it is submitted. B.A. No. 4231 / 2010 3 6. On hearing both sides, considering various facts and circumstances, discussed above, I am satisfied that petitioner can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioner shall, in the event of her arrest be released on bail on her executing a bond for Rs. 15,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the condition that she shall report before the investigating officer as and when directed and co-operate with the investigation. 2. This order will be in force only for a period of 20 days from today and petitioner shall seek regular bail from the court concerned within such time. This petition is allowed. K. HEMA, JUDGE ln