IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Bail Appl..No. 5166 of 2008() ----------------------------- CRIME NO.385/2008 OF HARIPAD POLICE STATION PETITIONERS : --------------------- 1. MURUKAN, S/O.SASIDHARAN, KUNNATHUTHARAYIL HOUSE, KARUVATTA VILLAGE, NOW RESIDING AT SEA KING HOUSE, VADAKKUMURI, POTHAPALLY,KUNNUMPURAM VILLAGE, ALAPPUZHA DISTRICT. 2. K.SAVITHA, D/O.LATE SASIDHARAN, W/O.MURUKAN, -DO- -DO- BY ADV. SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENT: COMPLAINANT ------------------------------------------ S.I. OF POLICE, HARIPAD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5166 of 2008 ------------------------------------------------------- Dated this the 19th day of August, 2008 O R D E R Petition for anticipatory bail. 2. A crime was registered under the caption “unnatural death”, in connection with the death of second petitioner's father. According to prosecution, he committed suicide by hanging and petitioners who are the daughter and the son-in-law allegedly abetted the suicide and hence, offence under Sections 306 and 34 IPC are included and investigation is carried on. 3. Learned counsel for the petitioners submitted that there was some family dispute but, the petitioners have not committed any offence as alleged. They are absolutely innocent of the allegations made and they are implicated at the instance of the other family members. The major portion of the property was given to the second petitioner by the deceased and hence, the other members of the family are motivated against the petitioners, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the petitioners treated the deceased with cruelty BA No.5166/08 2 and though he gave the major share of his property to his daughter, second petitioner, she has expelled the deceased from his own house and also from the business which the deceased was carrying on. Complaints were given by the deceased before the police stating that he was even expelled from the two wholesale business run by him namely, Komala Stores and Cochin Bakery. He was also thrown out of the house. A suicidal note is seized which makes clear that even his dead body shall not be shown to the petitioners. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on going through the case diary and on considering the nature of the allegations made as revealed from the case diary, I am least inclined to grant anticipatory bail to the petitioners, in an offence of this nature. As per the prosecution case, petitioner cut himself (there are few incised wounds in his body), he consumed poison and hanged himself and committed suicide as abetted by petitioners. The petition is dismissed. K.HEMA, JUDGE csl