IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Bail Appl..No. 2274 of 2010() ----------------------------- (CRIME NO.188/2010 OF NATTUKAL POLICE STATION, PALAKKAD) PETITIONER/ACCUSED A1 & A2 ---------------------------------------------- 1. MANIKANDAN, AGED 22 YEARS, D/O.BALAKRISHNAN, MANIKANDANILAYAM, PALODE P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. RAJESH, AGED 35 YEARS, D/O.APPUKUTTY GUPTAN, KUPPONDAIYIL HOUSE, PALODE P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.MANSOOR.B.H. FOR ADDL.R PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2274 OF 2010 -------------------------------- Dated this the 17th day of August 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 306 and 380 of I.P.C. According to prosecution, petitioner's grand mother Parukutty aged 80 years committed suicide by hanging in her house and a case was registered under Section 174 I.P.C under the caption “un-natural death”. On the allegation that the petitioners (A1 and A2) being the grand son of the deceased and his brother- in-law abetted commission of suicide, a private complaint was filed by daughter of the deceased Parukutty. It was forwarded under Section 156(3) Cr.P.C and a crime was registered under Sections 306 and 380 I.P.C against petitioners. 3. Learned counsel for petitioner submitted that first accused was residing with the deceased Parukutty since a long time and he was the only person who was looking after her, in her old age. There was some dispute between the deceased and de facto complainant (mother and daughter) in respect of some property and a civil case is also pending. Deceased was tortured in many ways by de facto complainant and she was aggrieved by the acts of the de facto complainant. B.A No.2274 OF 2010 2 4. It is also submitted that the deceased is a retired teacher and she had written certain letters which will disclose the nature of the torture the deceased had undergone from the de facto complainant. It also discloses the grievance of the deceased against de facto complainant. The present complaint is filed only with a view to grab property of the deceased and also to harass the petitioners who were supporting the deceased, while she was alive. A reading of several letters will reveal that the deceased was actually aggrieved by the ill- treatment from the side of de facto complainant and she committed suicide only because of such ill-treatment she had to undergo at the age of 80 years. Annexure B to D are some of such letters. It is also submitted that petitioners appeared before the Investigating Officer as directed by this court and they were interrogated. First accused is a student aged 22 years. Second accused is his brother-in-law with whom the deceased was on cordial terms. 5. Learned counsel for the de facto complainant was heard. It is submitted by him that it is because of the harassment from the side of petitioners that the deceased had committed suicide. All the allegations made against de facto complainant are baseless, it is submitted. B.A No.2274 OF 2010 3 6. Learned Public Prosecutor submitted that the petitioners appeared before the Investigating Officer as per directions from this court and they were thoroughly interrogated and he has no objection in granting bail but, stringent conditions may be imposed. It is also submitted that petitioner may be directed to produce original of Annexure B letter, which is a suicide note before the Investigating Officer, since it is necessary for an effective investigation. 7. On hearing both sides and on going through various documents produced and on considering the various facts and circumstances, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed. (1) Petitioners shall, in the event of their arrest, be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioners shall not influence or intimidate any witnesses or tamper B.A No.2274 OF 2010 4 with any evidence. (2) This order will be in force only for a period of one month from today. In the mean time, petitioners shall seek regular bail from the court concerned in accordance with law. (3) Petitioners shall produce Annexure B before the Investigating Officer within 15 days from today, after getting back the same from this court. If this is not done, this petition will be treated as dismissed. Petition is allowed. K.HEMA JUDGE vdv