IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1849 of 2008()
1. RUGMINI,AGED 68,EDAMPARAMBU VEEDU,
... Petitioner
Vs
1. STATE OF KERALA REP.BY SUB INSPECTOR OF
... Respondent
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :27/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1849 of 2008
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Dated this the 27th day of March, 2008
ORDER
Application for anticipatory bail. The petitioner is now
arrayed as the 2nd accused in a crime alleging commission of
the offence punishable under Sec.498A of the IPC. The
marriage between the spouses took place on 6/9/02. The
spouses are blessed with one child. The deceased wife
committed suicide on 6/2/08. The relatives of the wife alleged
that there was matrimonial cruelty of the culpable variety
against her emanating from the husband and his relatives.
The husband was arrested and he has already been enlarged
on bail. The petitioner/mother-in-law of the deceased
apprehends imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. The spouses were living a
B.A. No. 1849 of 2008 -: 2 :-
happy married life. Even on the date of the marriage the
husband and wife had attended some marriage function and had
returned. They were planning to go to some place. The wife
under the guise of getting ready for that trip had closed the
room and committed suicide. Though no suicide note explaining
the cause was available, there was a piece of paper in which a
request was made that the child may be brought up properly.
3. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am
satisfied, in the facts and circumstances of this case, that the
petitioner/mother-in-law of the deceased can be granted
anticipatory bail subject, of course, to appropriate terms and
conditions.
4. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioner shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 3/4/08. She shall be
released on regular bail on her executing a bond for Rs.25,000/-
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.
B.A. No. 1849 of 2008 -: 3 :-
and 3 p.m. on 4/4/08 and 5/4/08. Thereafter the petitioner shall
appear before the Investigating Officer on all Mondays
between 10 a.m. and 12 noon for a period of one month.
Subsequently, she shall so make herself available for
interrogation before the Investigating Officer 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 the petitioner were arrested prior to her surrender
on 3/4/08 as directed in clause (i) above, she shall be released
on her executing a bond for Rs.25,000/- without any sureties
undertaking to appear before the learned Magistrate on 3.4.08.
(R. BASANT, JUDGE)
Nan/