IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Bail Appl..No. 7408 of 2008() ------------------------------------ CRIME NO.206/2008 OF KANJIRAMKULAM POLICE STATION PETITIONER/ACCUSED : ----------------------------- SREEKUMAR AIAS SINDHU, S/O. BHARGHAVAN NADAR, SREE BHAVAN, VALIYAVILA KOTTNKAL VILLAGE, NELLIMOODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS/COMPLAINANT & STATE : --------------------------------------------------- 1. S.I. OF POLICE, KANJIRAMKULAM POLICE STATION, 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7408 OF 2008 ------------------------------ Dated this the 10th day of December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 306 of I.P.C. According to prosecution, petitioner abetted commission of suicide by the deceased. 3. Learned counsel for petitioner submitted that as per the First Information Statement given by husband of the deceased that she committed suicide because of financial reasons. But now petitioner is falsely implicated in the offence. The petitioner has nothing to do with the deceased and he is not related to her or her husband in any manner. The crime was registered as early as on 16.10.2008 and now the police is in search of the petitioner for arrest and hence this petition. Petitioner is absolutely innocent of the allegations made and while he was working in a saw mill, close to the house of the deceased, deceased was showing some interest in the petitioner which was discouraged by the petitioner, it is submitted. B.A.7408 of 2008 2 4. This petition is opposed. Learned Public Prosecutor submitted that witnesses were questioned and children of the deceased gave statements indicating that petitioner and deceased had some unholy intimacy and there was some quarrel also on account of this between petitioner and his wife. Petitioner's wife committed suicide following suspicion regarding the relationship between petitioner and deceased. Thereafter, some quarrel developed between deceased and petitioner and he accused her as the cause for his wife's suicide. He also abetted the deceased to commit suicide. Petitioner could not be interrogated and in a case of this nature, interrogation of petitioner will be required to ascertain materials which are in the exclusive knowledge of petitioner and hence, this petition is opposed. On hearing both sides and on going through the case diary and taking into account nature of investigation required, I am satisfied that in the nature of allegations made, interrogation of the petitioner by the police is essential to reveal the various materials which would be within the exclusive knowledge of the petitioner. Therefore, if B.A.7408 of 2008 3 anticipatory bail is granted, it may affect the investigation adversely. In the serious nature of the allegations made in this case also, I am not inclined to grant anticipatory bail. The crime is registered as early as on 16.10.2008. Hence, the petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest the petitioner and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac