IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1119 of 2008() ----------------------------- CRIME NO. 166/06 OF SASTHAMKOTTA POLICE STATION PETITIONER/ACCUSED ----------------------------------- ABDUL HAKKIM @ MAHABOOB, S/O. MYTHEEN KUNJU, THAMARAPPALLI VEEDU, MYNAGAPPALLY, SASTHAMKOTTA, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1119 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations under Sections 498A and 306 I.P.C. Initially crime was registered under the caption 'unnatural death' under Section 174 Cr.P.C. But in the course of investigation, allegations under Sections 498A and 306 I.P.C. have been included. 2. The spouses were marred in 1998. They were blessed with two children. The petitioner was employed abroad. He came back from his place of employment immediately prior to the incident. There evidently was some disagreement between the husband and wife. The petitioner allegedly went to the brother of the deceased wife and complained to him that the wife was not obeying him and was behaving indifferently. The brother of the deceased along with the petitioner went to the house where the deceased wife was residing. There was an attempt for mediation. In the night, the petitioner along with the B.A.No. 1119 of 2008 2 brother of the deceased returned to the house of the brother of the deceased. They came to know the next morning that the wife had committed suicide. 3. The learned counsel for the petitioner submits that the petitioner is not guilty of any matrimonial cruelty. While it is true that there was some disagreement with his wife and he had in his anxiety to settle the matter complained to the brother of the deceased, that cannot be reckoned as an act of cruelty. In any view of the matter, the petitioner does not deserve to suffer the trauma of arrest and detention. He may be granted anticipatory bail, it is prayed. 4. Notice was given. The learned Prosecutor does not oppose the application. He has taken me through the relevant statements in the case diary of the brother of the deceased. I am satisfied that appropriate directions can be issued under Section 438 Cr.P.C. in favour of the petitioner. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. B.A.No. 1119 of 2008 3 (a) The petitioner shall surrender before the learned Magistrate on 6.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 7.3.2008 and 10.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 6.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 6.3.2008 as directed in clause (1) above, he shall be released on bail B.A.No. 1119 of 2008 4 on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 6.3.2008. (R. BASANT) Judge tm