IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Bail Appl..No. 3988 of 2008() ----------------------------- CRIME NO.363/08 OF OLLUR POLICE SATATION PETITIONERS/ACCUSED 1 &2:- ------------------------------------------- 1. JOSE FRANCIS, AGED 41 YERS, S/O ANNA, KANKAPPADAN VEEDU, ANJERI P.O., PALAKKUZHI STADIUM NAGAR, THRISSUR. 2. ANNA, AGED 67 YEARS, W/O FRANCIS, KANKAPPADAN VEEDU, ANJERI P.O. PALAKKUZHI STADIUM NAGAR, THRISSUR BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH OLLUR POLICE. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ SRI.JYOTHISH.J.KALLINGAL FOR DEFACTO COMPLAINANT THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3988 of 2008 ----------------------------------------- Dated this the 25th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, first petitioner's wife committed suicide in the house of the first petitioner. First petitioner and the deceased were married in the year 2000. Thereafter, she was being harassed by the petitioners demanding money. First petitioner had lot of financial commitments and he was involved in offences under Section 138 of the Negotiable Instruments Act also. Therefore, money used to be given to the first petitioner by his father-in-law, whenever money was demanded. But things came to a stage where money could not be given any more. Hence, petitioners started harassing the deceased insisting to give the money which was obtained as advance sale consideration pursuant to an agreement for sale of property, in which the deceased had a share. The deceased's mother had some property and after her death, the deceased and her brothers decided to sell the property and an agreement was also executed and some amount was obtained as advance. The petitioners insisted the deceased to give that money also to him to pay off his debt. Because of the harassment and the BA.3988/08 2 torture, both physical and mental, the deceased committed suicide. 3. An agreement is registered under Sections 498A and 306 of Indian Penal Code on the basis of a complaint given by the first petitioner's brother-in-law. The investigation is going on. De facto complainant is represented by a lawyer. She was also permitted to argue. Heard learned counsel for petitioners and learned Public Prosecutor also. 4. Learned counsel for petitioners submitted that the deceased was having mental depression and she committed suicide only as consequence of the mental illness. According to learned counsel for petitioner, the deceased was taken to the doctor on several occasions and medical prescriptions are produced before this Court to prove the same. It is also submitted by learned counsel for petitioners that the deceased's brother wanted to sell some property in which the deceased had a share and the deceased wanted her share of the property. But, they refused to give any amount to her. In such circumstances, deceased was under great mental stress and strain and this contributed to the mental illness and, hence she has hanged herself in the petitioner's house. All the allegations to the contrary are false. It was also submitted that there is no allegation of harassment, as per the contents of the First Information Statement. 5. Learned Public Prosecutor and learned counsel for de facto BA.3988/08 3 complainant contended that in the First Information Statement itself allegations are made regarding payment of money. The crime itself was registered under Sections 498A and 306 IPC, since allegations of harassments were made in the First Information Statement. The First Information Statement need not be an encyclopedia of all the events especially, taking into consideration the circumstances under which it is lodged. None other than the brother of the de facto complainant had given the First Information Statement when his sister committed suicide and in such circumstances, the omissions and their significance can be appreciated only at the time of trial. 6. Though medical records are produced, none of the records show that the deceased had “depression”. The medical records only indicate that she had been to a psychiatrist, but what was the illness for what was she treated etc. cannot be revealed from those documents. It cannot be said from those records that she was a mental patient or that she had such ailments as would persuade her to commit suicide. 7. On hearing both sides, I am satisfied that this is not a fit case to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE vgs.