IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 Bail Appl..No. 2911 of 2008() ----------------------------- (CRIME NO.78/08 OF THUMBA POLICE STATION (WRONGLY SHOWN AS CRIME NO.78/05 IN THE CAUSE TITLE OF ANNEXURE-A ORDER) PETITIONER : ACCUSED ------------------------ RAJEEV, S/O.SASEENDRAN MANACADIL VEEDU, STATION KADAVU, KAZHAKUTTOM THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE THUMBA POLICE STATION, THUMBA THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 2911 of 2008 ----------------------------------------- Dated this the 9th May, 2008 O R D E R Heard both sides. 2. A crime is registered against the petitioner under Section 306 of the Indian Penal Code. According to the prosecution, the petitioner threatened the defacto complainant stating that he would defame her and her family members by showing some obscene photographs taken in the mobile phone. He also stated that he would send photographs to his friends, and this caused mental agony to the victim and she attempted to commit suicide by consuming poison. Investigation is going on in the matter. 2. According to learned counsel appearing for petitioner, offence under Section 306 is not attracted, since attempt to suicide has failed. He submitted that no offence is made out against the petitioner, since there is no suicide but there is only an attempt. Learned Government Pleader submitted that the investigation is going on and the mobile phone is sent for expert opinion and report is awaited. 3. Considering the nature of allegations made, I find that BA.2911/08 2 investigation is required into the allegations made against the petitioner and at this stage, it is not proper to grant anticipatory bail. The argument whether technically the offence under Section 306 IPC is made out or not is left open for the trial court to to consider, at the appropriate stage. Bail Application is dismissed. K.HEMA, JUDGE vgs.