IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2101 of 2008() ----------------------------- CRIME NO. 51/08 OF VANCHIYOOR POLICE STATION PETITIONERS : ACCUSED ------------------------ 1. BINDU P.L., AGED 37 YEARS WIFE OF THE LATE SRI.V.ASHOK, NEELAMBARI T.C.31/1043(2), PETTAH P.O., THIRUVANANTHAPURAM. 2. K. LEELAMANI, AGED 65 YEARS WIFE OF THE LATE SRI.P.RAGHAVAN, NEELAMBARI T.C.31/1043(2), PETTAH P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2101 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are the widow of the deceased and her mother. The deceased met with an unnatural death and a crime under the caption 'unnatural death' has been registered under Section 174 Cr.P.C. Investigation is in progress. The petitioners apprehend arrest alleging that they have committed non-bailable offence against the husband of the first petitioner. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They have not committed any offence against the deceased. It is ideal to suggest that the petitioners, such close relatives, had caused any injuries to the deceased. In these circumstances it is prayed that anticipatory bail may be granted to the petitioners. 3. The learned Prosecutor opposes the application. He submits that the petitioners have not so far been arrayed as B.A.No. 2101 of 2008 2 accused. The deceased, it is seen, had suffered injuries which are clearly revealed from the postmortem certificate. The deceased was in the house of the petitioners at the probable time when he must have suffered the injuries. In these circumstances it has become necessary to question the petitioners in an attempt to ascertain the cause of death. They need not apprehend arrest now. Only if after their interrogation further facts are revealed need the petitioners be arrested. But the petitioners have to be interrogated closely and exhaustively to ascertain truth. They may not be permitted to arm themselves with an order of anticipatory bail. That would hamper the smooth course of investigation and effective investigation may not be possible. In these circumstances the petitioners may be directed to co-operate with the investigators as witnesses without any apprehension of arrest, if circumstances are not revealed in the course of such interrogation. 4. I find merit in the opposition. At this stage of investigation and in the light of the materials which have been brought to my notice, I find no reason to permit the petitioners to arm themselves with an B.A.No. 2101 of 2008 3 order of anticipatory bail. They must appear before the Investigators and co-operate with the investigation. 5. With these observations this application is dismissed. (R. BASANT) Judge tm