IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 6495 of 2008() ----------------------------- CRIME NO. 504/2008 OF PAVARATTY POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. CHACKY, AGED 72 YEARS, W/O.LATE VELAYUDHAN, THOOMATT HOUSE, VENMANAD.P.O, PAVARATTY, THRISSUR DISTRICT. 2. SAVITHRI BAHULEYAN, AGED 35 YEARS, W/O.T.V.BAHULEYAN, RESIDING -DO- BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6495 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 309, 498A, 306 read with section 34 IPC. According to prosecution, petitioners are mother-in-law and sister-in-law of deceased Sajitha and they allegedly harassed deceased Sujatha and due to the harassment she poured kerosene on her body and set fire to herself and committed suicide. 3. According to petitioners, they are innocent of the allegations made and there was no provocation for the deceased to commit suicide. Section 306 IPC is added consequent to an after thought. First petitioner is aged 75 years and she is suffering from several ailments. Second petitioner is having children who are studying in various classes. Therefore, they may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that a dying declaration was recorded by the Magistrate from the deceased while she was in the hospital. She made specific allegations against petitioners and also her brother-in-law in the dying declaration. In a case of this nature, it may not be fit to grant anticipatory bail, it is submitted. BA 6495/08 -2- 5. On consideration of the relevant contentions and on going through the case diary, I am satisfied that this is not a fit cast to grant anticipatory bail. Petitioners are directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.