Smitha. S vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.714/2021 of Thiruvalla Police Station, Pathanamthitta District alleging commission of offences under Sections 498A, 306, 304 B and 109 of the Indian Penal Code.

The petitioner is the sister-in-law (brother's wife) of the deceased. The deceased was working abroad. She returned to India on 25-03-2021 and stayed at her husband's house till 30-03-2021. She reached her house on 30-03-2021 and attempted to commit suicide on that day. Though she was taken to hospital, she died on 31-03-2021. She left a suicide note in which she alleged that the petitioner was responsible for her death.

The learned counsel for the petitioner would submit that by no stretch of imagination can the petitioner be accused of having committed the offence alleged. It is submitted that the petitioner had filed a complaint against her husband (brother of the deceased) and the parents of the deceased alleging commission of offence under Section 498A of the Indian Penal Code. It is submitted that a Facebook post of the husband of the deceased reveals that the deceased had given huge sums of money to the husband of the petitioner and that the husband of the deceased had questioned this. It is submitted that the petitioner has been named in the suicide note only to save the brother and parents of the deceased from the allegations in the complaint raised by the petitioner.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the entire truth of the matter can be revealed only after through investigation. It is submitted that the petitioner has to be subjected to interrogation to ascertain the truth of the matter. It is submitted that the grant of bail may affect the investigation. It is also submitted that since the deceased named the petitioner as the person responsible for her death in her suicide note, prima facie the petitioner is guilty of the offences alleged against her.

I have considered the rival submissions. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted anticipatory bail subject to condition that she makes herself available before the Investigating officer for the purposes of investigation.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.714/2021 of Thiruvalla Police Station subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall report before the Investigating officer in Crime No.714/2021 of Thiruvalla Police Station on every Saturday at 11 a.m till 21-01-2022 and thereafter whenever called upon do so;

(iii) Petitioner shall not interfere with the investigation or to influence or intimidate any witness in Crime No.714/2021 of Thiruvalla Police Station;

(iv) Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.714/2021 of Thiruvalla Police Station may file an application before the jurisdictional Court for cancellation of bail.