IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6388 of 2008() ------------------------------------ CRIME NO.157/2008 OF KANNAVAM POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. MANJAN PUTHIYEDATH JANAKI, AGED 70 YEARS, W/O KUNHIKUTTY NAIR, KIZHAKKEYIL HOUSE, P.O. CHERUVANCHERRY, CHERUVANCHERRY AMSOM DESOM, KANNUR DISTRICT. 2. N.C. PREMAN, AGED 41 YEARS, S/O KUNHIKUTTY NAIR, NELLERICHALIL HOUSE, CHERUVANCHERRY AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/COMPLAINT & STATE : ----------------------------------------------- 1. STATE - REPR.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO. 157 OF 2008 OF KANNAVAM POLICE STATION, KANNUR. PUBLIC PROSECUTORSRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6388 OF 2008 ------------------------------ Dated this the 16th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498(A) and 34 of I.P.C. According to prosecution, the defacto complainant was married to the son of the first accused. The second accused is the defacto complainant's husband's brother. Both the mother-in-law and brother-in-law used to harass the petitioner physically and mentally. On 01.10.2008, there was some argument between the defacto complainant and the mother-in-law and the mother-in- law beat the child aged 3 ½ years. The second accused came to the house and beat the defacto complainant and she fell unconscious. Thereafter, she was taken to the hospital. When she was in the hospital, her husband committed suicide. The defacto complainant, after discharged from the hospital lodge a complaint on 05.10.2008 making allegations against the petitioners. 3. Learned counsel for the petitioners submitted that the defacto complainant's husband had beaten the defacto B.A.6388 of 2008 2 complainant but the petitioners have not done anything. The defacto complainant's husband committed suicide only because he feared that the defacto complainant had sustained some serious injury since she had fallen unconscious. Except the incident on 01.10.2008, no other specific allegations made against the petitioners. It is also submitted that on 01.10.2008, she was taken to the hospital and she did not file any complaint on that day but it was filed only on 05.10.2008. To the doctor she only stated that she was beaten from her husband's house and no allegation is made that the petitioners had beaten. It is also submitted that the first petitioner is a woman, who is aged 70 years. 4. This petition is opposed. Learned Public Prosecutor submitted that specific allegations are made against accused nos.1 and 2 that they physically and mentally harassed the defacto complainant. The second accused had allegedly beaten up the defacto complainant and she had fallen unconscious also. She regained consciousness only at the hospital and first accused, the mother-in-law was the core reason for the whole B.A.6388 of 2008 3 incident which took place on 01.10.2008. The husband of the defacto complainant also committed suicide because of it. It is also pointed out that the even to the doctor she stated that she was beaten up at her husband's house and she had no had no case that her husband had beaten her. On hearing both sides, on consideration of the nature of allegations made against both the accused, I do not think it fit to grant anticipatory bail. Anticipatory bail is not a relief which can be granted only because petitioners apprehended arrest in a non bailable offence. But, there must be special circumstances which would persuade the court to invoke the powers under Section 438 Cr.P.C. There is no such circumstances in this case. The petition is dismissed. K.HEMA, JUDGE pac