IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Bail Appl..No. 5350 of 2008() ----------------------------- CRIME NO.881/08 OF MUVATTUPUZHA POLICE STATION PETITIONER/ACCUSED:- ------------------------------------- BALAKRISHNAN,S/O NARAYANAN, PUTHETHUPADICKAL HOUSE, KUNNECKAL P.O., MUVATTUPUZHA. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5350 of 2008 ----------------------------------------- Dated this the 2nd September, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the petitioner's wife committed suicide and it is alleged that offence under Sections 306 and 498 A of Indian Penal Code are committed. 3. Learned counsel for petitioner submitted that the marriage between the petitioner and the deceased was in the year 2003 and they were living together as husband and wife. Two children are born in the wed-lock. The younger one is only 5 months old. But, unfortunately, the petitioner's wife was having some psychiatric illness and she was having a tendency to commit suicide also. The disease was diagnosed as a case of “Manic Episode”. She attempted to commit suicide on three occasions earlier. She was treated at the Department of Psychiatry in Malankara Orthodox Syrian Church Medical College Hospital, both as inpatient and outpatient, while they were living together as husband and wife. The petitioner is absolutely innocent of the allegations made and the incident happened only because of the illness, it is submitted. Petitioner only took efforts to cure the illness and not iltreated or neglected his wife. BA.5350/08 2 4. Learned Public Prosecutor submitted that on going through the case diary, he is not opposing the anticipatory bail application. It is pointed out that the doctor, who examined the deceased, was questioned by the police and his statement is available at page 35 of the case diary. 5. On hearing both sides and on perusal of the case diary, I find that anticipatory bail can be granted to the petitioner and hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and if bail application is filed, he shall be released on bail on his executing a bond for Rs.25,000/- each for the like sum to the satisfaction of the learned Magistrate on the following conditions: i) Petitioner shall make himself available for interrogation as and when directed by the investigating officer. ii) Petitioner shall co-operate with the investigation. Petition is allowed. K.HEMA, JUDGE vgs.