IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7247 of 2008() ----------------------------- CRIME NO.726/08 OF NEDUMANGADU POLICE STATION PETITIONERS/ACCUSED 5 & 6 --------------------------------------------- 1. JABEER.S., S/O.SHAHUL HAMEED, SHANIDA MANZIL, MASJID LANE, AZHICODE (P.O), NEDUMANGAD. 2. SUBAIDA BEEVI, W/O.SHAHUL HAMEED, NOUFAL MANZIL, PUNAVAKUNNU, ANADU VILLAGE, NEDUMANGAD. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAFEEK. V.K. SRI.BENOJ C AUGUSTIN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7247 of 2008 ----------------------------------------- Dated this the 11th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 304B, 498A, 354 and 34 of the Indian Penal Code. According to prosecution, first accused's wife committed suicide on 19.8.2008. This happened because of the illtreatment and harassment from the side of her husband and his family members. She was also molested by 5th accused, who is her brother-in-law. Second accused took the Thali chain and pledged the same for the purpose of accused 3, 4 and 7. There was also demand for dowry. 3. Learned counsel for petitioners submitted that there are only vague allegations against 5th accused and admittedly, the gold is pledged not for the purpose of fifth accused. She has no role in harassing the deceased in any manner and it is also submitted that 6th accused, who is the brother-in-law, is residing far away (16 kms) from the house, which deceased was residing. Learned Sessions Judge granted bail to the co-accused on the ground that they were residing far away. Therefore, petitioners may be granted anticipatory bail, it is submitted. It is also submitted that as against 6th accused there are only mere allegations and those allegations BA.7247/08 2 cannot be believed, it is submitted, since those are put forward only after two months of the death of deceased. 4. Learned Public Prosecutor submitted that there are allegations against petitioners, but he has no objection in granting anticipatory bail to 5th accused, who is de facto complainant's sister in law. As far as 6th accused is concerned, there are allegations that he had molested the deceased and committed offence under Section 354 IPC also. As per the allegation, the Thali chain was taken away by the father-in-law, who is second accused and it was pledged two days prior to the death. The deceased had committed suicide only because of the harassment from her husband and family members, it is submitted. When deceased informed her husband about the ill- treatment, she was asked to go and sty in her parental house. Her husband is working abroad. It is also submitted that the allegations can be proved by the materials in the case diary and that those are true and supported by evidence. It is also pointed out that though there are other male members, allegations of offence under Section 354 is made only against 6th accused. 5. On hearing both sides, considering the nature of allegations made against 6th accused, I am not inclined to grant anticipatory bail. As far as 5th accused is concerned, I find that suitable directions can be issued imposing conditions. BA.7247/08 3 Hence, the following order is passed: (1) Prayer for anticipatory bail by 6th accused is rejected. (2) 5th accused shall surrender before the Magistrate Court concerned within seven days from today and she shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) He shall report before the investigating officer as and when directed and co-operate with the investigation. ii) He shall not influence or intimidate any witnesses or tamper with evidence or commit any offence while on bail. Petition is partly allowed. K.HEMA, JUDGE vgs.