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. 1434 of 2008() ----------------------------- CRIME NO.55/08 OF NEMMARA POLICE STATION, PALAKKAD AGAINST THE ORDER DATED 23/02/2008 IN CRMP. 663 /2008 IN CRMP.661/2008 of I ADDL. DISTRICT COURT, PALAKKAD .................... PETITIONER/ACCUSED NO.1: ----------------------------------------- BASHEER, AGED 42 YEARS, S/O. ABDUL AZEEZ, THAZA PARAYAMPALLAM,KAYARADI P.O NEMMARA, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEMMARA POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY 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. 1434 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. He is the husband of the deceased. The marriage took place about 9 years back. The spouses are blessed with two children. The petitioner was employed abroad. He has now wound up the activity abroad and is now residing with the family. His mother also resides along with them. The deceased committed suicide consuming acid kept for agricultural operation, which was available in the house. F.I.R. is lodged by the brother of the deceased. Crime was registered initially under the caption 'unnatural death' under Section 174 Cr.P.C. In the course of investigation the petitioner had been brought on the array of accused. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Long after the death of the B.A.No. 1434 of 2008 2 deceased, false and vexatious allegations are being raised. Suicide is unfortunate. The petitioner and his children are greatly aggrieved on such conduct of the deceased. It is cruel and harsh to saddle the petitioner with the responsibility of such suicide. The counsel, in particular,, points out the statements in the F.I.R. given by the brother of the deceased promptly after the death of the deceased, in which it is stated categorically that there was never any complaint that the petitioner had misbehaved towards the deceased. 3. The learned Prosecutor has placed the case diary for my perusal. I have gone through the same. To my mind what perhaps clinches the issue is the specific positive statement of the brother of the deceased in the F.I.R. I shall not embark on any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that on an anxious consideration of all the relevant inputs, I am satisfied that the petitioner can be granted anticipatory bail, subject to appropriate conditions, which shall ensure the interests of a fair, proper and efficient investigation. B.A.No. 1434 of 2008 3 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 17.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.3.2008 and 19.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer and on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in B.A.No. 1434 of 2008 4 writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 17.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 17.3.2008. (R. BASANT) Judge tm