M K SHABEER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in Crime No.230/2011 of Kakkur Police Station, Kozhikode District. Apprehending arrest, this petition is filed for anticipatory bail.

(2.) ONE lady by name Jameela, aged 45 years, was found dead in her house on 30.11.2011. It was reported to be a case of unnatural death. There was a genuine suspicion that it is a case of murder. Therefore the police started investigation. It was revealed that the gold ornaments worn by the deceased were missing. In the course of investigation, it could be revealed that mobile phone of the deceased was in the possession of Anwar Sadath and that mobile phone was seized by the police. The statements given by Anwar Sadath was to the effect that he got that mobile phone from one Davood. The investigation further revealed that Davood got that mobile phone from this petitioner.

(3.) THE learned Public Prosecutor submits that it is even doubtful whether the deceased Jameela had a natural death or whether there is anything unnatural in it. The learned counsel submits that the postmortem certificate will only show that she died of heart attack. The learned Public Prosecutor submits that unless there is a custodial interrogation, so many important aspects relating to the death of the woman and missing of the gold ornaments cannot be unravelled. The contention raised by the prosecution that there is likelihood of the accused fleeing to another country or making himself scarce by going underground or becoming unavailable to the investigating agency also cannot be ignored. Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. Hence it is dismissed.