IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Crl.MC.No. 1677 of 2011() ----------------------------------- CP.11/2010 of JUDL.MAGISTRATE OF FIRST CLASS, SULTHANBATHERY CRIME NO. 719/2010 OF SULTHAN BATHERY POLICE STATION. .................... PETITIONER(S): ACCUSED --------------------------------------- ANILKUMAR K.A., KELIKKOD HOUSE NAIKKETTY, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1677/2011 APPENDIX PETITIONER'S ANNEXURES A1:-COPY OF THE LEAVE CERTIFICTE DTD. 19.8.2010 SHOWING THE LEAVE AND TRANSFER PARTICULARS OF THE PETITIONER. A2:- COPY OF THE CONCESSION VOUCHER DTD. 18.8.10 ISSUED TO THE PETITIONER. A3:- COPY OF THE FIR NO.719/10 OF SULTHANBATHERY POLICE STATION, WAYANAD. A4:- COPY OF THE FINAL REPORT. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.1677 of 2011 ----------------------------------- Dated this the 25th day of October 2011 O R D E R Petitioner is arrayed as the 3rd accused in Crime No.719/2010 of Sulthan Batheri Police Station. After conducting the investigation, charge sheet was laid against the petitioner and three other accused and it is pending before J.F.C.M., Sulthan Batheri as C.P.No.11/2010. The petitioner is a serving personnel who was at the relevant time in Sikkim. His mother committed suicide during the night of 18.8.2010 between 8.30 PM and 12.45 hrs at here residence. 2. So far as the petitioner is concerned, the allegation is that, he being the son of the deceased was not in good terms with his mother. The complaint was given by one of the relatives of the deceased. The petitioner's brother as well as his wife have also been made accused in this case. The allegation was that they were not properly looking after the mother. Some other allegations were made against the wife Crl.M.C. No.1677 of 2011 -: 2 :- of the deceased's son also. 3. The petitioner contends that on receipt of the information of his mother's death, he came back to the native place but by that time cremation had already been conducted. The fact that he immediately rushed to the native place would show that the allegations made against him are absolutely false, the learned counsel submits. It was stated that the deceased had filed a petition for maintenance against her husband. According to the petitioner, his father's brother was at loggerheads with him (the petitioner), his father and brother and only because the petitioner reached Sulthan Bathery to attend the funeral of his mother, he was subsequently arrayed as accused. There was no positive or overt act to suggest that the petitioner intentionally aided, assisted or instigated the deceased to commit suicide. Deceased was stated to be having some ailments. There is nothing to show that petitioner has in any way instigated the mother to commit suicide and as such the prosecution against the petitioner under Sec.306 IPC is found to be devoid of any Crl.M.C. No.1677 of 2011 -: 3 :- merit. He was admittedly serving in Sikkim at the relevant time. Hence, this Crl.M.C. is allowed. Further proceeding against this petitioner in C.P.No.11/2010 of J.F.C.M., Sulthan Batheri is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt