IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 1930 of 2010() ----------------------------- CRIME NO.73/10 OF KUNNAMANGALAM POLICE STATION KOZHIKODE. (S): PETITIONER/ACCUSED -------------------------------------- SADANANDAN @ KORAN, AGED 55 S/O.LATE MOOTHORAN, MUDAPPILAKKAL HOUSE, KUNNAMANGALAM AMSOM, KOZHIKODE. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KUNNAMANGALAM POLICE STATION - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.1930 of 2010 ---------------------------------------------- Dated 19th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498A and 306 of the Indian Penal Code. According to prosecution, on 28.2.2010, the deceased Visalakshy committed suicide. Petitioner, who is her husband is alleged to have abetted commission of suicide. 3. Learned counsel for the petitioner submitted that petitioner and the deceased Visalakshy were married 28 years back and they have children aged between 27 and 23 years and they were having a normal family life. But, the petitioner's wife was having suicidal tendency. She had attempted suicide earlier also and was rescued by the family members. On the last time, nothing could be done and she died due to poisoning. Petitioner's children filed affidavits before the Sessions Court and the copies are produced and marked herein as Annexure II to Annexure IV, supporting the contentions. Hence, the petitioner may be granted anticipatory bail, it is submitted. 4. Heard both sides. Perused the case diary. The case diary contains statements of the petitioner's sons to the effect BA NO.1930/10 2 that the deceased had suicidal tendency and attempts were made by the deceased earlier also and at no point of time, petitioner had ill-treated their mother and there was no quarrel in the house. In such circumstances, I find that this is a fit case to grant anticipatory bail. Hence, the following order is passed : (i) Petitioner shall surrender before the Investigating Officer or the Magistrate Court concerned within seven days from today and cooperate with the investigation. (ii) In case petitioner is arrested and produced before the Magistrate Court concerned or surrenders before the Magistrate Court within 7 days and if any bail application is filed, he shall be released on bail, on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on condition that he will co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE. tgs