IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941
Bail Appl..No.653 OF 2020
CRIME NO.749/2019 OF MATTANNORE POLICE STATION, KANNUR
PETITIONERS/1 AND 3RD ACCUSED:
1 DAMODARAN,
AGED 61 YEARS
S/O. KANNAN, PRAJITH NIVAS, CHAVASSERY AMSOM,
VELIYAMBRA DESOM, P.R NAGAR P.O, IRIITY TALUK,
KANNUR DISTRICT.
2 USHA C.M,
AGED 54 YEARS
W/O. DAMODARAN, -DO-
BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031
2 S.H.O,
MATTANNUR POLICE STATION,
KANNUR DISTRICT 670 571
BY SRI.AMJAD ALI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Application No.653 of 2020
2
Bail Application No.653 of 2020
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ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure.
2. Petitioners are accused Nos.1 and 3 in Crime
No.749 of 2019 of Mattannur Police Station registered for offences
punishable under Sections 498A and 306 read with Section 34 of
the Indian Penal Code. The daughter-in-law of the petitioners
committed suicide on 02.11.2019. The allegation in the case is
that the petitioners have abetted the deceased to commit suicide.
3. Heard the learned counsel for the petitioners as
also the learned Public Prosecutor.
4. The learned counsel for the petitioners pointed
out that this court had granted anticipatory bail to the daughter of
the petitioners, who was the second accused in the case. It was
also pointed out by the learned counsel that the allegations
against all the accused are more or less same.
5. The learned Public Prosecutor has made available
the statement given by the husband of the deceased, the son of
Bail Application No.653 of 2020
3
petitioners 1 and 2. The statement indicates that the deceased
has indicated in her whatsapp status that the petitioners are
responsible for her death.
Having regard to the totality of the facts and
circumstances of the case, I am of the view that this is not a fit
case for anticipatory bail under Section 438 of the Code of
Criminal Procedure. The bail application is, therefore, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK