IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 6804 of 2008() ----------------------------- CRIME NO. 157/2007 CBCID KOLLAM PETITIONERS:- ------------------------------- 1. SAJU YOHANNAN, S/O. KOSHY YOHANNAN, AGED 35 YEARS, VALIYAVILA PUTHEN VEEDU, MAIKKAL, KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. SAJI, S/O. JOY, AGED 34 YEARS, SONY BHAVAN, NARIKAL, KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 3. SHERLY, W/O. SAJI, AGED 30 YEARS, SONY BHAVAN, NARIKAL, KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 4. ALEXANDER, S/O. KUNJUKUNJU, AGED 42 YEARS, CHARUVILA PUTHEN VEEDU, ELICODE, VILAKKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 5. KOCHUMARIYA, D/O, RAPHEL, AGED 78 YEARS, CHARUVILA PUTHEN VEEDU, ELICODE, VILAKKUDI VILLAGE PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DICTECTIVE INSPECTOR, CRIME BRANCH, CID, KOLLAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6804 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November,2008 O R D E R Petition for anticipatory bail. 2. A crime was registered under section 174 Cr.P.C. under the caption “unnatural death” on a complaint made by brother-in- law of deceased Leena. She committed suicide by setting fire to herself after pouring kerosene. According to prosecution, she was physically and mentally tortured by her husband and close relatives. She was also abetted to commit suicide. The fourth accused who is brother-in-law committed theft of rubber sheet. Since the deceased questioned him about this, she was brutally assaulted by her mother-in-law, brother-in-law and sister-in-law. Her hair was cut by force by her mother-in-law. She used to be harassed by demanding money. Rs.50,000/- was promised to be given at the time of marriage but her father could give only Rs.20,000/-. By insisting for payment of Rs.30,000/- more she was harassed. 3. Learned counsel for petitioners submitted that there are no specific allegations made against petitioners, in the year 2006. But only subsequently the case was developed. The suicide was BA6804 /08 -2- on 9-10-2006. It is also submitted that the incident did not occur, within seven years of the marriage. Learned counsel for petitioners submitted that originally it was a case of accidental fire but later, it was converted into a case of suicide, while investigation was taken up by CBCID. 4. This petition is opposed. Learned Public Prosecutor submitted that the crime was registered in the year 2006, but petitioner could not be arrested so far. The nature of allegations are serious. Petitioners are required for interrogation. The charge sheet could not be submitted so far, since petitioners could not be arrested and interrogated. As per the materials in the case diary, deceased was subjected to severe nature of cruelty by her husband and close relatives. 5. On hearing both sides, considering the nature of the allegations made and the fact that petitioners will be required for interrogation, I am satisfied that it is not a fit case to grant anticipatory bail. No special circumstances are pointed out, which would persuade this Court to grant anticipatory bail, by invoking the extra-ordinary powers under section 438 Cr.P.C. Petitioners are directed to surrender before the Investigating Officer without any delay and co- BA6804 /08 -3- 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.