IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1708 of 2008() ----------------------------- CRMP.356/2008 of DISTRICT COURT, KALPETTA CRIME NO.42/08 OF AMBALAVAYAL POLICE STATION .................... PETITIONERS : ACCUSED ------------------------ 1. JINU @ CHERIYAN, S/O.JOSE PUTHEN KANDATHIL, THOMATTUCHAL, AMBALAVAYAL BATHERY. 2. PUTHENKANDATHIL JOSE THOMATTUCHAL, AMBALAVAYAL, BATHERY. 3. MARY, W/O.JOSE, THOMATTUCHAL AMBALAVAYAL, BATHERY. 4. BINU, S/O.JOSE, THOMATTUCHAL AMBALAVAYAL, BATHERY. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1708 of 2008 ------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for anticipatory bail. There are 4 petitioners. They apprehend arrest in a crime registered alleging offences punishable under Section 498 A and 306 r/w 34 I.P.C. Investigation is in progress. The petitioners are the husband, father in law, mother in law and brother in law of the deceased. The learned Public Prosecutor submits that only the 3rd and 4th petitioners, ie. the mother in law and the brother in law of the deceased are now on the array of accused. 2. The marriage took place on 02.02.04. The husband was employed abroad. Suicide was committed on 11.02.08. The spouses are not blessed with any children. The deceased was having an employment. It is alleged that the mother in law and the brother in law were tormenting and harassing the deceased. She had committed suicide on 11.02.08. No suicide note is left behind. 3. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There is absolutely no circumstances which can attract culpability against the petitioners. The mere fact that the deceased had committed B.A.No.1708 of 2008 2 suicide and there was some disagreement/disappointment for the deceased, may not be reckoned as sufficient reason to saddle culpability under Section 498 A and 306 I.P.C against the petitioners. The petitioners are willing to co-operate with the investigators. They may not be compelled to endure the trauma of arrest and detention. They shall abide by any conditions which may be imposed by this Court for a smooth and efficient investigation. 4. The case diary has been placed before me. I have perused the case diary. After discussions at the Bar, the learned Public Prosecutor does not oppose the application for anticipatory bail. I am also satisfied on a perusal of the case diary that anticipatory bail can be granted to the petitioners subject of course to appropriate conditions which shall ensure a proper, efficient and expeditious investigation. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 31.03.2008. They shall be enlarged on regular bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.No.1708 of 2008 3 ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 01.04.08 and 02.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so; iii) If the petitioners do 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 petitioners and deal with them in accordance with law as if those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 31.03.2008 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 31.03.08. (R.BASANT, JUDGE) rtr/- B.A.No.1708 of 2008 4