1. Rule.
Mr. M.G.Nanavati, learned Additional Public Prosecutor waives service of rule for and on behalf of respondent-State.
2. The applicants have preferred this application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with CR No.I-78 of 2012 registered with Deesa Rural Police Station. On alleged cruelty perpetrated by the in-laws the complaint is filed by the father of the deceased. It is the say of the applicants that applicants No.1 and 2 hardly reside with their son and therefore, there is no question of perpetrating cruelty. They also further urged that the reason of suicide is totally different. It is only to save their face a false complaint has been filed. It is further urged that applicant No.3 is a married lady , who does not reside with the parents and was at home because of her delivery.
3. It is the say of the applicants that deceased committed suicide on 6.6.2012 allegedly on account of illicit relationship of her husband with the deceased. As being culled out from the papers of investigation, the complaint in that regard has been lodged on 9.6.2012. ( Ist CR.No.-50/2012)
4. On hearing both the sides and on having examined the material on record, it appears that the applicant No.3 is the sister-in-law, who incidentally was at her parents' house because she delivered a child, who is now of two to three months, whereas the applicants No.1 and 2 are respectively father-in-law and mother-in-law, who are aged and are also residing largely at their native village.
5. It is the say of the applicants that under very peculiar circumstances, the deceased has committed suicide within 2 days of death of her sister allegedly because of her husband's alleged relationship with her deceased sister. Ordinarily, in any case of suicide by the daughter-in-law during the pendency of investigation, exercise of discretionary power under Section 438 would not be warranted. However, circumstances, which have emerged in this case are very glaring and would necessitate exercise of such powers in favour of the parents, who do not ordinarily reside with their son and sister-in-law who is married and had come to this household for the purpose of delivering a child. In the opinion of this Court, case of this applicants would fall for considering their anticipatory bail.
6. In the result, this application is allowed by directing that in the event of the applicants herein being arrested pursuant to FIR being CR No.I-78 of 2012 registered with Deesa Rural Police Station, the applicants shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount on following conditions :-
[a] shall cooperate with the investigation and make themselves available for interrogation whenever required.
[b] shall remain present at concerned Police Station on 17.7.2012 between 11:00 am to 2:00 pm:
[c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;
[d] shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
[e] will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately [f] despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to resist the same in accordance with law, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
7. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
Rule made absolute to the aforesaid extent. Direct service is permitted.
(Ms.Sonia Gokani, J.) sudhir Top