IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3617 of 2008() ----------------------------- CRMP.1057/2008 of ADDL.DISTRICT COURT (ADHOC), KOTTAYAM CRIME NO.42/08 OF PONKUNNAM POLICE STATION PETITIONER --------------------------- SANAL.C.R., AGED 26 YEARS, S/O.RAVEENDRAN, CHAVARAKKAL HOUSE, AANAKKALU P.O., KANJIRAPALLY VILLAGE. BY ADV. SRI.TITUS MANI SRI.S.SURAJ (PALATHANATHU) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION, KOTTAYAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3617 of 2008 ----------------------------------------- Dated this the 17th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. A crime was registered on the basis of a statement given by the brother of the deceased Arya, alleging that his sister has committed suicide by hanging. As per the statement, the deceased was in love with the petitioner and he had also proposed to marry the deceased. But it is not known for what reason she had committed suicide. 3. learned counsel for petitioner submitted that this case is falsely foisted against petitioner. It is pointed out that some suicide notes are fabricated against the petitioner by the sister of the deceased Arya to make it appear that the petitioner has ditched the deceased Arya and hence she committed suicide. Investigation is being carried on against the petitioner for offence under Section 306 IPC. It is also pointed out that there was an allegation that certain remnants of the dead body of the deceased Arya was found being disposed of at the bank of a river in sacks and a crime was also registered in connection with the same. The deceased Arya's BA.3617/08 2 close relatives have disposed of parts of the partly burned dead body of the deceased Arya, as revealed on investigation, it is submitted. 4. After hearing both sides, I have gone through the case diary in detail. The case diary reveals that the petitioner and the deceased Arya were in love with each other and both of them wanted to marry. The petitioner's people had come to the house of the deceased, with the proposal of marriage also. The brother in the first information statement itself stated that there was a marriage proposal for deceased Arya from the accused and that they were in love. 5. It is also revealed from the case diary that the deceased agreed to marry another person and on 13.2.2008 at about 12 noon, a party from Nedungandam came with a marriage proposal for the deceased and they had come to see the girl. But, it is on the very next day, in the early morning at about 6.30 AM that the deceased was found having handed herself in the house. The fact that another proposal came etc. are not there in the first information statement. It appears that deceased Arya was deeply in love with petitioner and it is not clear how the petitioner's marriage proposal fizzled out. But, on the day on which the another proposal came that the deceased committed suicide. BA.3617/08 3 6. It is also curious to note that the deceased Arya had as many as 7 injuries on her body. The postmortem certificate shows the following injuries: “2. Abrasion 1.3 x 0.6 cm on inner aspect of right wrist. 3. Contusion 7 x 3 x 0,3 cm on front of right knee and adjoining part of the leg. 4. Healing abrasion 8-5 x 2 cm, vertical on back of right leg and ankle, 30 cm below knee. 5. Healing abrasion 6 x 3 cm, vertical on back of left leg, 31 cm below knee. 6. Contusion 7 x 4 x 0.3 cm on back and inner aspect of right forearm, 5 cm above wrist. 7. Contusion 2 x 1 x 0.2 cm on front of left leg, 5.5 cm below knee. 8. Contusion 8 x 2 x 0.2 cm on front of left forearm, 9 cm above wrist. Contusions were reddish in colour.” Thus, there were contusions, healing abrasions on different parts of the body. The photographs of the deceased are also available in the case diary. There are visible injuries on the dead body. It is also seen from the records that a crime was registered as Crime No.45 of 2008 of Manimala Police Station, in connection with disposal of the remnants of burned parts of dead body, bones and sacks containing the remnants of the dead body. Those were allegedly seen disposed of near a bank of a river and the allegation is that the close relatives of the deceased have done it and that the dead body was that of the deceased Arya. BA.3617/08 4 7. Being an anticipatory bail application at this stage, I am not entering into any finding of fact. But, I am satisfied that this is a fit case to grant anticipatory bail. Hence, the following order is passed: The respondent is directed to release the petitioner in the event of his arrest on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on condition that he will make himself available for interrogation as and when directed and co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE vgs.