IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1397 of 2008() ----------------------------- CRIME 170/08 OF TALIPARAMBA POLICE STATION PETITIONERS --------------------------- 1. SHEEBA SURESH, SARANGA BHAVAN, MORAZHA, KANNUR. 2. M.V.BINDHU PUTHIYADATHU VALAPPIL, MORAZHA, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: ------------- THE STATE OF KERALA REP. BY THE SUB -INSPECTOR OF POLICE TALIPARAMBA POLICE STATION THROUGH PUBLIC PROSECUTOR, OF HONORABLE KERALA HIGH COURT ,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1397 OF 2008 B ```````````````````````````````````````````````````` Dated this the 7th day of March, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 and 3. They are close relatives - sister and aunt of one Sumesh. The sister was in love with the said Sumesh, who is now employed abroad. The petitioners did not allegedly agree for the marriage between Sumesh and the deceased. The deceased was greatly hurt by such conduct of the petitioners. She committed suicide. Her suicide note says that she is committing suicide only because of the conduct of the accused persons who did not permit her and the said Sumesh to get married and live together. After the death of the deceased, crime has been registered under section 306 IPC. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits BA.1397/08 : 2 : that the petitioners have not committed any offence. Even if the entire allegations were accepted, there are no elements of the offence punishable under section 306 IPC. Even accepting the entire allegations when the petitioners did not approve the relationship between the said Sumesh and the deceased, they had no clue or intention that the deceased would or might commit suicide. The stand of the petitioners - not approving the relationship between the deceased and Sumesh, cannot in any way expose them to any culpable connivance. Anticipatory bail may be granted to the petitioners, it is prayed. 3. The learned Public Prosecutor submits that crime was initially registered under section 174 Cr.P.C. In the course of investigation, after perusing the suicide note, the petitioners have been arrayed as accused. The learned Public Prosecutor does not oppose the application for anticipatory bail. Appropriate conditions may be imposed, it is prayed. BA.1397/08 : 3 : 4. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioners. In the absence of the opposition by the learned Public Prosecutor, I am not adverting to the 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 petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 14.3.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) 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 5 p.m on 15.3.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in BA.1397/08 : 4 : custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they shall so appear 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 they were arrested prior to 14.3.08, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 14.3.08. (R.BASANT, JUDGE) aks