IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 5940 of 2008(F) -------------------------------------- CRIME NO.255/2008 OF THIRUVAMBADI POLICE STATION. .................... PETITIONERS/ACCUSED : --------------------------------------- 1. MAITHILI, W/O. CHANDRAN, AGED 50 YEARS, POOTHAKANDIYIL HOUSE, KUNNAMANGALAM AMSOM DESOM, KUNNAMANGALAM P.O., KOZHIKODE TALUK AND KOZHIKODE DISTRICT. 2. BINUJA P., W/O. SASI, AGED 30 YEARS, POOTHAKANDIYIL HOUSE, KUNNAMANGALAM AMSOM DESOM, KUNNAMANGALAM P.O., KOZHIKODE TALUK AND KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.ARJUN SREEDHAR SRI.S.ANISH RESPONDENT/COMPLAINANT/STATE : ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5940 OF 2008 ------------------------------ Dated this the 25th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498(A), 406, 306 read with Section 34 of the Indian Penal Code. According to the prosecution, the petitioners had allegedly harassed the defacto complainant's sister demanding dowry etc. and she committed suicide because of the physical and mental torture. 3. Learned counsel for the petitioners submitted that the petitioners are mother-in-law and sister-in-law of the deceased. Even in the F.I. Statement, the allegation of dowry is not alleged. The defacto complainant is none other than the brother of the deceased but the allegation of dowry etc. is brought in, only at a subsequent stage, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that though the crime is registered under section 174 Cr.P.C., on investigation, it is revealed that offences under Sections 498A, 406, 306 read with Section 34 are committed. B.A.5940 of 2008 2 The defacto complainant's sister committed suicide because of the harassment from the husband and relatives. On hearing both sides, I do not think it fit to grant anticipatory bail in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE pac