IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 5464 of 2008() ----------------------------- (CRIME NO. 197/2008 OF KANNAPURAM POLICE STATION) PETITIONERS/ACCUSED: ---------------------------- 1. K.JANAKI, W/O.K.V.BALAN, AGED 65 YEARS, VELLUVALAPPIL HOUSE, KALLIASSERI CENTRAL, P.O.ANACHAMPEEDIKA, KANNUR. 2. K.V.BALAN, S/O.APPUKUTTY, AGED 70 YEARS, VELLUVALAPPIL HOUSE, KALLIASSERI CENTRAL, P.O.ANACHAMPEEDIKA, KANNUR. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5464 of 2008 --------------------------------------------------- Dated this the 22nd day of October, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 498A and 306 of IPC read with section 34 of IPC. According to Prosecution, the petitioners, who are accused nos. 1 and 2, being the father-in-law and mother-in-law of deceased Rakhee used to abet her to commit suicide. A1, who is the mother-in-law, even physically assaulted the deceased. On the date on which deceased committed suicide also the mother-in-law had beaten her and this fact was conveyed to her by her brother over telephone. They were demanding more dowry and money and they insisted that the petitioner shall not go for any job etc. The deceased was employed and her husband was working abroad. 3. Learned counsel for the petitioners submitted that 3rd accused, who is the husband of the deceased, was granted bail by this Court. Petitioners are the mother-in-law and and father-in-law and anticipatory bail may not be granted to them, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the 3rd accused was working abroad but the B.A.No.5464/08] 2 matrimonial cruelty was inflicted on the deceased by the petitioners, who are the mother-in-law and father-in-law. As per the allegations, the mother-in-law had beaten her even on the date on which the deceased committed suicide. It is also submitted that the mother-in- law used to ask the deceased to go and die and that her husband did not want her any more etc. The allegations are serious in nature and hence it is not a fit case to grant anticipatory bail, it is submitted. The case of the 3rd accused stands on a different footing than that of the petitioners and hence, 5. On hearing both sides, I find only because 3rd accused has been granted anticipatory bail and it cannot be made a ground to grant anticipatory bail to the petitioners. On the nature of the allegations made, I am not satisfied that it is a fit case to grant anticipatory bail. The crime was registered as early as on 14.7.2008 and the petitioners were not available for arrest for the past more than 3 months. Hence, petitioners are directed to surrender before the investigating officer and co-operate with the investigation. With this direction, this petition is dismissed. K. HEMA, JUDGE. Krs.