IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6502 of 2008() ----------------------------- CRIME NO.243/08 OF ELATHUR POLICE, KOZHIKODE DISTRICT PETITIONER(S): /1ST ACCUSED. ------------------------------------------- GIRISH KUMAR, AGED 38 YEARS, S/O.VELAYUDHAN, KARIMPUNATHIL HOUSE, EDAKKARA P.O., VIA CHELANNUR, THALAKALATHUR VILLAGE, KOZHIKODE TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- STATE OF KERALA REPRESENTED BY SI OF POLICE ELATHUR POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6502 of 2008 ----------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498-A and 34 of the Indian Penal Code. According to prosecution, petitioner and the deceased Bindu were married in the year 2006. A child was also born in the wed-lock. Deceased was working as an LIC agent. She was physically and mentally harassed by petitioner and his mother, demanding more dowry. Petitioner was also a drunkard, who used to assault her. On the date of suicide, she called her mother and informed that she is coming to her parental house. When she was about to leave the house with the child, her mother-in-law did not allow her to take the child along with her. Therefore, she committed suicide on the railway track. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Mother-in-law, who is the second accused, was granted anticipatory bail by the Sessions Court. This is only a case of accidental death and an attempt is made to convert it into a case of suicide and petitioner is being harassed by filing a complaint at a highly belated stage alleging offence under Section 498A IPC. It is submitted that after the BA.6502/08 2 death, deceased Bindu's family members wanted the child's custody, for which petitioner was not amenable and this alone was the reason why a complaint was lodged alleging offences. 4. It is also pointed out that the place where the dead body was found is only 500 meters away from the house of the LIC Development Officer and the deceased's bag contained details of several policy holders and it is clear that she was attending her work as usual. It is also pointed out that the said place is 20 km away from the house of petitioner as well as deceased's family house. It is also submitted that no suicide note was seized. 5. This petition is opposed. Learned Public Prosecutor submitted that case diary reveals that deceased was harassed by petitioner after getting drunkard. He used to assault her and also mentally torture her demanding more money etc. The nature of incident happened and the investigation so far conducted reveal that it is a case of suicide and not a mere accident. Petitioner is required for custodial interrogation and it is not a fit case to grant anticipatory bail, it is submitted. Learned Public Prosecutor also pointed out that immediately after two days of the death, statement of relevant witnesses were recorded and those revealed harassment from the side of petitioner and his mother. BA.6502/08 3 6. On hearing both sides and considering the facts and circumstances and the nature of investigation required, I find that it is not a fit case to grant anticipatory bail. Petitioner's interrogation would be required for an effective investigation. Hence, I am not inclined to grant anticipatory bail to petitioner. Petition is dismissed. K.HEMA, JUDGE vgs.