IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 256 of 2008() ---------------------------- CRIME NO.400/2007 OF KAZHAKKOOTTAM POLICE STATION .................... : PETITIONER/1ST ACCUSED --------------------------------------- GIRLY ANTONY, AGED 38 YEARS, W/O ANTONY, PUTHEVAL PURAYIDOM, THUMBA, PALLITHURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.N.MAHESH RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.256 of 2008 ---------------------------------------- Dated this the 24th day of January 2008 O R D E R Application for anticipatory bail. The petitioner, a woman faces allegations in a crime registered under Section 306 I.P.C. The deceased was the husband of the petitioner. Accused 2 and 3 are close relatives of the petitioner herein, they being her nephews (sister's children). The petitioner and the deceased had differences of opinion and quarrels. They were residing separately in two houses which were 50 metres away from each other. The petitioner was earlier employed in U.S.A as a nurse. She has come back to India. On the date in question, there was a proposal for the marriage of the daughter of the first accused and the deceased. That marriage proposal did not allegedly work because of the conduct of the deceased. Accused 2 and 3 who are interested in the first accused had allegedly gone to the house where the deceased was residing and there was an exchange of words and quarrel. The deceased was outside the house and accused 2 and 3 had allegedly locked the house and come away. The deceased was addicted to alcohol. After accused 2 and 3 closed the house and returned from the house of B.A.No.256/08 2 the deceased, the deceased allegedly broke open the lock of the house. He entered the house and he allegedly committed suicide inside the house. 2. The police on these facts alleged that the petitioner/first accused was also responsible for the commission of suicide. She is alleged to have intentionally abetted the commission of suicide by the deceased. She faces allegations under Section 306 I.P.C. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. She is not in anyway responsible for the suicide committed by her husband/the deceased. In any view of the matter, the petitioner cannot be attributed any culpable intention or contumacious knowledge regarding the commission of suicide by her husband. The petitioner may be saved of the trauma of arrest and detention. Subject to appropriate conditions, the petitioner may be granted anticipatory bail. She shall co-operate with the investigating officer, it is submitted. 4. The learned Public Prosecutor does not oppose the prayer for anticipatory bail and having considered all the B.A.No.256/08 3 relevant inputs, I am persuaded to agree that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions which shall ensure the interests of a fair, efficient and expeditious investigation. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 31/01/2008. She shall be released on regular bail on condition that she executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make herself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 01/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the B.A.No.256/08 4 investigation in this crime. Thereafter the petitioner shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does 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 petitioner and deal with her in accordance with law, as if these directions were not issued at all. (iv) If she were arrested prior to 31/01/2008, she shall be released from custody on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 31/01/2008. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr B.A.No.256/08 5 B.A.No.256/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007