IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD JANUARY 2007 / 13TH PAUSHA 1928 Bail Appl..No. 7778 of 2007() ----------------------------- CRIME NO.300/07 OF THE MUKKOM POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. P.M.BASHEER, S/O. MOIDEEN, AGED 37 YRS, PULIYANTHODI HOUSE, KALLURUTTY P.O., THIRUVAMBADY (VIA), KOZHIKODE DISTRICT. 2. KHADEEJA, W/O. MOIDEEN, AGED 61 YEARS, PULIYANTHODI HOUSE, KALLURUTTY P.O., THIRUVAMBADY (VIA), KOZHIKODE DISTRICT. 3. SATHAR, S/O. MOIDEEN, AGED 30 YEARS, PULIYANTHODI HOUSE, KALLURUTTY P.O., THIRUVAMBADY (VIA), KOZHIKODE DISTRICT. 4. AYISHA, D/O. MOIDEEN, AGED 39 YEARS, PULIYANTHODI HOUSE, KALLURUTTY P.O., THIRUVAMBADY (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON 03/01/2007 PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 7778 OF 2007 ------------------------------------------------- Dated this the 3rd day of January, 2008 ORDER Application for anticipatory bail. The petitioners are the husband (and his relatives) of the deceased woman who committed suicide on 28/8/07. The suicide took place within 7 years of the marriage. Two children were born in the wed- lock. The deceased committed suicide by hanging on 28/8/07. Initially, there was no allegation of matrimonial cruelty or the commission of the offence punishable under Sec.304B or Sec.306 of the IPC. Long later, as per the report dated 2/11/07 the said allegations were included. Investigation is in progress. The petitioners have not been arrested so far. The petitioners apprehend imminent arrest. They pray that directions under Sec.438 of the Cr.P.C. may be issued in their favour. B.A. No. 7778 OF 2007 -: 2 :- 2. The learned counsel for the petitioners submits that there was absolutely no matrimonial cruelty directed against the deceased. There was no abetment for the commission of suicide; nor was there any demand for dowry or any harassment or cruelty against the deceased. The deceased was allegedly suffering from mental ailment. She was under treatment for such disease. The allegations of matrimonial cruelty and abetment for the commission of suicide were raised belatedly by the in-laws of the 1st petitioner/husband because of certain disputes regarding property. All such disputes have been settled now and, in these circumstances, directions under Sec.438 of the Cr.P.C. may be issued in favour of the petitioners, prays the learned counsel for the petitioners. 3. The learned Public Prosecutor confirms that there has been settlement of the disputes regarding property and does not oppose the application for anticipatory bail. In the facts and circumstances of this case, I am satisfied that this is a fit case where directions under Sec.438 of the Cr.P.C. can be issued in favour of the petitioners subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following B.A. No. 7778 OF 2007 -: 3 :- directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 10/1/08. They shall be released on regular bail on their executing bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 11/1/08 and 12/1/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender B.A. No. 7778 OF 2007 -: 4 :- on 10/1/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.50,000/- each without any sureties undertaking to appear before the learned Magistrate on 10/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge