IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA, 1930 Bail Appl..No. 7798 of 2008 ------------------------------------ CRIME NO.46/2008 OF RAJAPURAM POLICE STATION .................... APPLICANTS/ ACCUSED 2 & 3 -------------------------------------------- 1. BABU NAIK, S/O.KORUGU NAIK, KURINJI, PANATHADY VILLAGE, KASARAGOD DISTRICT. 2. SITHU BHAI, W/O.BABU NAIK, KURINJI, PANATHADY VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/COMPLAINANT ------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, REPRESENTING S.H.O.RAJAPURAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.7798 of 2008 ------------------------------------------ Dated, this the 14th day of January, 2009 ORDER Petition for anticipatory bail. 2. According to the prosecution, the petitioners along with their son (A1) allegedly harassed the defacto complainant's daughter who was the wife of the first accused, on demand of dowry, and she committed suicide. 3. Learned counsel for the petitioners submitted that the petitioners are absolutely innocent of the allegations made. The defacto complainant's daughter had some mental problem and she was taking medicines also. She committed suicide only on account of her mental illness. A crime was registered under the caption 'unnatural death' and no injury was noted on the body of the deceased. Subsequently, it was at the instance of the defacto complainant that a crime was registered against the petitioners and their son. Learned counsel for the petitioners also submitted that the first accused was already granted bail by the Magistrate Court. Hence anticipatory bail may be granted to the petitioners. 4. This petition is opposed. Learned Public Prosecutor submitted that on 15.2.2008 there was a phone call by the defacto complainant to another person stating that she was being assaulted at the house of the husband. There is clear evidence regarding the harassment B.A.No.7798 of 2008 2 meted on her by the petitioners. Specific allegations are made against the petitioners. It is also submitted that charge sheet has not been filed so far and the investigation is in progress. Hence it is not a fit case to grant anticipatory bail. 5. On hearing both sides and considering the nature of the allegations made, I do not think it is a fit case to grant anticipatory bail. Though an allegation is made that the defacto complainant's daughter committed suicide because of her mental illness, no documents are produced to establish the same. Nothing was pointed out also and there is only mere assertion to that effect. In the above circumstances I am not inclined to grant anticipatory bail. Crime was registered as early as on 15.2.2008 and the petitioners were not available for interrogation and investigation. Hence, petitioners are directed to surrender before the investigating officer or the Magistrate Court concerned, within ten days from today and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed with in accordance with law. K.HEMA, JUDGE vns