IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 4667 of 2009() ----------------------------- CRIME NO.315 OF 2009 OF VATAKARA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- MANOJ,S/O.LATE BALAN, AGED 41 YEARS,NALU NADEMMAL HOUSE, VATAKARA AMSOM AND DESOM,VATAKARA TALUK. BY ADV. SRI.T.RAMPRASAD UNNI SRI.MANU TOM RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, VATAKARA POLICE STATION,KOZHIKODE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4667 of 2009 --------------------------------------------- Dated this the 23rd day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.315 of 2009 of Vatakara Police Station. 2. The offence alleged against the petitioner is under Section 306 of the Indian Penal Code. 3. The prosecution case is that on 21.4.2009, one Sujitha committed suicide. Her husband is working abroad. She has two children. She was aged 30 years. The petitioner is the relative of her husband. The prosecution case is that the petitioner developed intimacy with Sujitha and they had frequent meetings. On 19.4.2009, at 2 A.M., while the petitioner was coming out of the house of Sujitha, he was caught by the people of the locality. Thereafter, Sujitha was taken to her parental home by her relatives. It is alleged that Sujitha was conducting the kuri business which her husband was conducting before going abroad. The petitioner was assisting her in the business BA No.4667/2009 2 activity. The petitioner got the ornaments of Sujitha and they are with him. After the incident on 19.4.2009, it is alleged that, Sujitha requested the company of the petitioner which was refused by him. He also refused to return the ornaments or money. These incidents prompted Sujitha to commit suicide. 4. Taking into account the facts and circumstances of the case, the nature and character of the offence and the allegations made against the petitioner, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. Custodial interrogation of the petitioner may be required in the present case. If the petitioner is granted anticipatory bail, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN, JUDGE csl