IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Bail Appl..No. 1849 of 2008() ----------------------------- CRMP.612/2008 of DISTRICT COURT, PALAKKAD CRIME NO.73/08 OF ALATHUR POLICE STATION .................... PETITIONER : ----------------- RUGMINI,AGED 68,EDAMPARAMBU VEEDU, VEPPILLASSERI,KAVASSERI,ALATHUR,PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ------------- STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE,ALATHUR POLICE STATION,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1849 of 2008 ------------------------------------------------- Dated this the 27th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is now arrayed as the 2nd accused in a crime alleging commission of the offence punishable under Sec.498A of the IPC. The marriage between the spouses took place on 6/9/02. The spouses are blessed with one child. The deceased wife committed suicide on 6/2/08. The relatives of the wife alleged that there was matrimonial cruelty of the culpable variety against her emanating from the husband and his relatives. The husband was arrested and he has already been enlarged on bail. The petitioner/mother-in-law of the deceased apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The spouses were living a B.A. No. 1849 of 2008 -: 2 :- happy married life. Even on the date of the marriage the husband and wife had attended some marriage function and had returned. They were planning to go to some place. The wife under the guise of getting ready for that trip had closed the room and committed suicide. Though no suicide note explaining the cause was available, there was a piece of paper in which a request was made that the child may be brought up properly. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that the petitioner/mother-in-law of the deceased can be granted anticipatory bail subject, of course, to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 3/4/08. She shall be released on regular bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. B.A. No. 1849 of 2008 -: 3 :- and 3 p.m. on 4/4/08 and 5/4/08. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays between 10 a.m. and 12 noon for a period of one month. Subsequently, she shall so make herself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with her in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to her surrender on 3/4/08 as directed in clause (i) above, she shall be released on her executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 3.4.08. (R. BASANT, JUDGE) Nan/