IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 3835 of 2011() ------------------------- CC.39/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THRISSUR .................... PETITIONER(S) :- ------------------------ 1. SANTHOSH.V,AGED 36,S/O.LATE SANKUNNI NAIR,'PUSHPARAGAM',MUKKATTUKKARA DESOM, NETTICESSRY PO,THRISSUR,PIN 680 657. 2. LEELAVATHY, AGED 72,W/O.LATE SANKUNNI NAIR,'PUSHPARAGAM',MUKKATTUKKARA DESOM, NETTICESSRY PO,THRISSUR,PIN 680 657. BY ADV. SRI.ABRAHAM P.GEORGE SMT.M.SANTHY RESPONDENT(S) :- -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-11. 2. SRI.APPUKUTTAN,AGED 63 YEARS, S/O.SANKARAN,SRENILAYAM HOUSE,THALAYOLAPARAMBU, VADAYAR VILLAGE, VAIKOM TALUK. ADV. SRI.K.P.JUSTINE (KARIPAT) FOR R2 PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 3835 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Copy of the charge in CC No.39/2011 in the file of Judicial First Class Magistrate Court-I, Thrissur. Annexure A2 :- Copy of the FIR in crime No.525/2011 of Mannuthy Police Station, Trichur. Annexure A3 :- Copy of the relevant pages of the personal diary of the deceased Ajitha. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3835 of 2011 ----------------------------------- Dated this the 16th day of December 2011 O R D E R Petitioners are the accused in C.C.No.39/2011 of J.F.C.M., Thrissur. The wife of the first accused committed suicide. It was alleged that she was subjected to physical and mental cruelty and because of the intolerable treatment meted out to her, she committed suicide. Based on the complaint filed by the father of the deceased, crime was registered and after conducting investigation, final report was filed against the petitioners, the husband and mother- in-law of the deceased alleging offences punishable under Secs.306 and 201 r/w 34 IPC. 2. Learned counsel for the petitioners would submit that the allegations regarding cruelty are absolutely false and that the deceased had suicidal tendency on earlier occasions also and that simply because the wife of the first Crl.M.C. No.3835 of 2011 -: 2 :- accused committed suicide the police cannot jump to the conclusion that the petitioners had instigated the deceased to commit suicide. According to the petitioners, there are documents or materials to show that the deceased was afflicted with such mental/psychic diseases and had exhibited suicidal tendencies also. It is for the petitioners to produce such documents and file applications before the Sessions Court praying for an order of discharge. But, this Court finds no reason to quash the proceedings under Sec.482 Cr.P.C.. In the result, this Crl.M.C. is dismissed. Petitioners are at liberty to move the Sessions Court for appropriate reliefs as mentioned above. N.K.BALAKRISHNAN, JUDGE. Jvt