IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1332 of 2008() ----------------------------- CRIME NO.92/08 OF KOTTIYAM POLICE STATION : PETITIONER --------------------------- SHIHABUDEEN, AGED 36 YEARS, S/O.ABDUL AZEEZ, CHARUVILA PUTHENVEEDU, THAZHAM NORTH, CHATHANNOOR. BY ADV. SRI.B.BALRAJ SRI.SAJJU.S 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 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1332 of 2008 ------------------------------------- Dated this the 10th day of March, 2008 ORDER Application for anticipatory bail. Crime has been registered initially under the caption `unnatural death' under Section 174 Cr.P.C. In the course of investigation, allegations are raised under Section 306 I.P.C. A young married woman with 3 children set herself ablaze in an attempt to commit suicide. That incident took place on 28.01.08. On 31.01.08, she breathed her last. Inquest report was prepared. No specific allegations were raised by anyone in the course of inquest. It is in the course of subsequent investigation that the alleged complicity of the petitioner was revealed and the allegation under Section 306 I.P.C has been included. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The crux of the case of the prosecution is that the petitioner, a person with whom the deceased had interactions during the absence of her husband at his place of employment abroad, had developed illicit intimacy and had compelled her to have sexual intercourse with him. He had taken naked photographs of the woman and he was engaged in an on going attempt to threaten and intimidate her and extract from her B.A.No.1332 of 2008 2 money and materials using/threatening the use of such photographs. She had a reputation to lose and the future of her 3 children and the family and therefore she tried to oblige him to the extent possible. The materials collected indicate that the lady has been pledging ornaments without the knowledge of her husband in an attempt to satisfy the demand for money of the petitioner. The petitioner kept on compelling her to part with money and to continue the illicit relationship. In the presence of her children, the petitioner had once entered the house and threatened her. In fear, she had left that house and had taken up residence along with her sister. The petitioner had allegedly gone there also and threatened her. Ultimately unable to stand the trauma, the deceased allegedly committed suicide by setting herself ablaze. She suffered injuries. In the hospital she is alleged to have confided to her sister of what really prompted her to commit suicide. She explained details on the solemn promise from her sister that she will not reveal the details to anyone if and until she dies. After her death, the sister had passed on the information and that is how the allegations came to light. 3. The learned counsel for the petitioner submits that the allegations are false and fanciful and that, at any rate, the petitioner does not deserve to endure the trauma of arrest and B.A.No.1332 of 2008 3 detention on these allegations. It is prayed that the petitioner may be granted anticipatory bail. 4. The learned Public Prosecutor opposes the application. In the facts and circumstances explained above, the petitioner does not deserve to be enlarged on bail. He has to be arrested and interrogated. Vital materials will have to be collected from him after custodial interrogation, submits the learned Public Prosecutor. 5. Having considered all the relevant inputs, I am not persuaded to agree that there are any features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. 6. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) B.A.No.1332 of 2008 4 rtr/-