IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3418 of 2008 ------------------------------------ (CRIME NO. 266/2008 OF ALAPPUZHA SOUTH POLICE STATION) PETITIONERS/SUSPECTED ACCUSED: ------------------------------------------------------- 1. K.K.NEELAMBARAN, S/O.KOCHUKUNJU, AGED 69 YEARS, KALAPURACKAL, BEACH WARD, ALAPPUZHA. 2. RADHA, W/O.K.K.NEELAMBARAN, AGED 60 YEARS, KALAPURACKAL, BEACH WARD, ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENTS: COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------- B.A. No. 3418 OF 2008 ----------------------------------- Dated this the 2nd day of June, 2008. O R D E R This is a petition filed for anticipatory bail. 2. The crime is registered against the petitioners alleging offence under Section 498A of Indian Penal Code. The case was originally registered for “unnatural offence”, since the daughter- in-law of the petitioners consumed poison at the petitioners' house and died consequently. The petitioners, their son and the daughter-in-law were residing together in the same house. As per the First Information Statement, the deceased's brother gave a statement to the police that he is not having any suspicion in the matter and hence crime was registered under the caption 'unnatural offence'. On investigation, it is revealed that allegedly the petitioners' son had asked the deceased not to take the children to her parental house and because of this, the deceased consumed poison. 3. Learned counsel for the petitioners submitted that the children are with the petitioners in their house and the father of the children is also with them. The petitioners are not personally B.A. No. 3418/08 2 implicated in the offence. It is only alleged that the petitioners' son had objected to the de facto complainant in taking the children to her parental house. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail on conditions. It is also pointed out that the husband of the deceased is not made an accused in the crime. The deceased and her husband, both are police constables. In the result, the following order is passed: 1) The petitioners shall be released on bail in the event of their arrest on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) Petitioners shall make themselves available for interrogation by the police as and when directed by the Investigating Officer. ii) Petitioners shall allow the children of the deceased to be in the temporary custody of parents of the deceased during week-ends if they so request, B.A. No. 3418/08 3 on such terms and conditions as the committal court may fix from time to time. This petition is allowed. K. HEMA, JUDGE. smp