IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 6123 of 2008() ----------------------------- CRIME NO.266/08 OF PEROORKADA POLICE STATION .................... PETITIONERS/ACCUSED 2 & 3 --------------------------------------------- 1. S.JAYALEKSHMI, MARUTHARAVILA VEEDU, E-35,MYTHRI NAGAR,KUNDAMANKADAVU, THIRUVANANTHAPURAM. 2. JAMUNADEVI, D/O.SARASAMMA T.C.4/641, SAROVARAM SREEVILAS LANE, KOWDIAR THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6123 of 2008 --------------------------------------------- Dated this the 12th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498A and 306 IPC. According to prosecution, husband and sister in laws of the deceased were harassing her after the marriage and she was also abetted to commit suicide. After recording a suicide note, she committed suicide by consuming poison. 3. Learned counsel for petitioners submitted that the deceased Sheeba Rani's husband was in Gulf after the marriage and he came back in the month of April 2008. In the meantime, she developed an affair with a person named Reji to whom she gave half portion of the house on rent to run a computer business. In respect of this, there were several quarrels and even her family members were against this. Therefore, she had written a letter to the husband stating that all of them are ill treating her (vide Annexure III). She was forced to break her relationship with Reji under mental depression and she therefore, committed suicide and petitioners are not responsible for the suicide. BA No.6123/2008 2 4. It is also submitted that as per the First Information Statement, there is no allegation that petitioners who are the sister in laws of the deceased had harassed her. On the other hand, the allegations were made against the husband. It is also pointed out that the first accused was in custody for the past 48 days after his arrest and he was released on bail. Hence, petitioners may also be granted anticipatory bail, it is submitted. 5. Further it is submitted that the first accused had a complaint against deceased Sheeba Rani and Reji alleging that they are threatening him stating that complaints will be filed against him under Section 498A IPC and also under the Domestic Violence Act. Copy of this complainant is produced as Annexure II. Learned counsel for petitioners submitted that none of the neighbours of the house where the deceased committed suicide are questioned by the Investigating Officer. Instead neighbours of the parental house of the deceased are questioned by the Investigating Officer, it is submitted. 6. This petition is strongly opposed. Learned public prosecutor submitted that all the relevant allegations are made in the First Information Statement given by brother of the deceased Sheeba Rani. First Information Statement will reveal that while BA No.6123/2008 3 the defacto complainant was working abroad, he received a phone call alleging that the deceased was being harassed physically and mentally by the accused nos.1 to 3. His mother made a phone call stating that the sister in laws were harassing her and hence, immediately he called his sister and he also called his brother in law (A1) and on knowing that she was being tortured at the house, he immediately left Dubai. 7. The defacto complainant came by flight and reached home on 20th evening. By the time, deceased had consumed poison and she was hospitalised and on the next day, she died. It is also pointed out that she had written a suicide note making specific allegation that she was harassed by both the petitioners physically and mentally and that they also abetted her to commit suicide. 8. Learned public persecutor also submitted that witnesses are questioned and the dying declaration itself reveals the cruelty. The FIR fully supports the case of the prosecution and it is not correct to say that no allegations are made therein against petitioners. Specific allegations are made in FIS against petitioners. The situation was so serious and compelling. So that on getting phone calls defacto complainant came over the way BA No.6123/2008 4 from abroad without any delay but, by the time she had committed suicide. This is not a fit case to grant anticipatory bail, it is submitted. 9. On hearing both sides and on going through the documents, case diary, particularly, the suicide note and the First Information Statement, I am satisfied of the submissions made by learned public prosecutor and in a case of this nature, it is not fit and proper to grant anticipatory bail. The crime is registered as early as on 21.7.2008 and petitioners have not surrendered before the court below and they were not available for interrogation. Therefore, petitioners are directed to surrender before the Investigating Officer without any delay and co- operate with investigation. Whether they surrender or not, police is at liberty to arrest them at any time and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE csl