IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5666 of 2008() ----------------------------- F.I.R.No.353/2008 OF AROOR POLICE STATION PETITIONERS/ACCUSED:- ----------------- 1. SINI.K.A, W/O. LALAN, AGED 32 YEARS, SANTHA JACOB BUILDING, KURUPPASSERY, KUMBALANGY.P.O, ERNAKULAM DISTRICT. 2. LALAN, SANTHA JACOB BUILDING, KURUPPASSERY, KUMBALANGY.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPDT. OF POLICE, CHERTHALA. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5666 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of September,2008 O R D E R Petition for anticipatory bail. 2. A crime was registered for unnatural death and later offence under sections 120B, 420, 306, 212 and 34 IPC were included and investigation is carried on against petitioners and two others. 3. According to prosecution, 1st petitioner is a money lender and 2nd petitioner is her husband. They along with two others hatched a conspiracy to intimidate deceased Jacob stating that some nude photographs of 1st petitioner and the deceased are available and stating thus huge amounts were already collected from the deceased, by blackmailing him. Thereafter, he was abetted to commit suicide by petitioners and two others. 4. Learned counsel for the petitioners submitted that petitioners are absolutely innocent of the allegations made. The F.I.R. will not reveal any of the present allegations made. Deceased Jacob died because of some financial problems, but the petitioners are implicated in the offence only by the people of the locality, without any basis. Hence, anticipatory bail may be granted, it is submitted. 5. This petition is opposed. Learned Public Prosecutor submitted that statement of the witnesses are recorded during BA 5666 /08 -2- investigation and those will reveal that the deceased was intimidated and blackmailed by 1st petitioner stating that there are nude photographs of 1st petitioner and deceased revealing his illicit relationship with 1st petitioner. The statements of witnesses are recorded under section 164 Cr.P.C. also. Huge amounts were collected from the deceased psychologically blackmailing him, pursuant to the conspiracy of the four accused. This is not a fit case to grant anticipatory bail, it is submitted. 6. On hearing both sides and on perusing records, I am satisfied that in the nature of the allegations made, this is not a fit case to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE. mn.