IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6200 of 2008(B) ----------------------------------- CRIME NO.363/2008 OF OLLUR POLICE STATION .................... PETITIONER/ACCUSED NO.2: -------------------------------------------- ANNA, AGED 67 YEARS, W/O.FRANCIS, KANKAPPADAN HOUSE, PALAKKUZHY DESOM, OLLUR VILLAGE, THRISSUR. BY ADV. SRI.ALAN PAPALI RESPONDENT/COMPLAINANT: --------------------------------------------------- STATE OF KERALA - (CRIME NO.363/2008 OF OLLUR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6200 OF 2008 ------------------------------ Dated this the 6th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498(A), 306 read with Section 34 of the Indian Penal Code. According to the prosecution, the deceased was married to the 1st accused and she was harassed by her husband, mother-in-law and sister-in-law demanding money etc. 3. Learned counsel for the petitioner submitted that an application for anticipatory bail was filed by the husband and mother-in-law of the deceased as B.A.No.3988 of 2008 before this Court. It was contended that the deceased was suffering from mental depression and that was the reason for commission of suicide by her. She developed mental depression because of the harassment from her people since after the death of her mother, the share in her property was not given to the deceased. She was residing with her husband, in a rented house and she wanted the share from her mother's property which was denied B.A.6200 of 2008 2 to her. She was treated by the Psychiatrist for mental depression. At the time of the earlier bail application, sufficient medical records could not be produced which would disclose the nature of her problem and hence the prayer for anticipatory bail was rejected. 4. The petitioner now produced Annexure I, medical record from Amala Institute of Medical Sciences which will clearly show that the deceased was under treatment for depression in the hospital, in the psychiatry department. She had visited O.P. on 19.05.2008 and the suicide was just after a few days, on 04.06.2008. As a matter of fact, the 1st accused himself had taken her for treatment. The 3rd accused is the sister-in-law of the deceased. Her husband gave a complaint before the D.Y.S.P., Thrissur disclosing the actual facts and the copy is Annexure II. In these circumstances learned counsel for the petitioner submitted that the petitioner who is aged 67 years, against whom only vague allegations are made, may be granted anticipatory bail. It is also pointed out that the 1st accused was arrested and he was remanded to custody. If the petitioner is B.A.6200 of 2008 3 also remanded or detained in prison on the allegations made now. It will result in gross injustice, it is submitted. 5. Learned Public Prosecutor submitted that the petitioner may be directed to surrender before the Investigating Officer and co-operate with with investigation. Subject to this, he has no objection in granting anticipatory bail, taking into consideration the mental ailment of the deceased which is supported by medical records and also the fact that the other accused was arrested and released on bail. In the above circumstances, the following order is passed: 1. The petitioner is directed to surrender before the Investigating Officer within seven days from today and make herself available for interrogation and co-operate with the investigation. 2. The petitioner shall be released on bail in the event her arrest, if any, on her executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting B.A.6200 of 2008 4 Officer on the following conditions: (i) The petitioner shall report before the Investigating Officer as and when directed. (ii) The petitioner shall co-operate with the investigation. (iii) The petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac