SIVADASAN GOPALAN NAIR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioners, who are accused Nos.1 and 3 in Crime No.79/07 of Koyilandy Police Station for offences punishable under sections 498A and 306 read with section 34 IPC, seek anticipatory bail. Petitioners are the husband and mother-in-law of Mini, who committed suicide after 11 years of marriage with the first petitioner on 4.2.07 by hanging herself in the matrimonial home.

(2.) Learned Public Prosecutor opposed the application.

(3.) Anticipatory bail cannot be granted to the husband in a case of this nature. There is no reason why he should not surrender before the Investigating Officer for interrogation and then to have his application for regular bail considered by the Magistrate concerned. In the case of the 2nd petitioner, who is a 69 year old woman, I am inclined to grant anticipatory bail to her. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the 2nd petitioner(3rd accused) on bail for a period of one monthin the event of her arrest in connection with the above case on his executing a bond for Rs. 10,000/- (Rupees ten thousand only)with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: