IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 7177 of 2008() -------------------------- (CRIME NO.436/2008 OF PAZHYANGADI POLICE STATION) PETITIONERS/ACCUSED NOS 1 TO 8 :- ----------------------------------------------------- 1. K.V. KUNHIKANNAN, S/O. KUNHIRAMAN K (LATE), AGED 70 YEARS, AOLLIYAMVALAPPIL HOUSE, P.O. VENGARA, KANNUR TALUK. 2. M.T. PAVITHRAN, S/O.K.V. GOPALAN (LATE) AGED 70 YEARS, MUNDAKKATHARAMMAL HOUSE, P.O. VENGARA, KANNUR TALUK. 3. V.P. RAJEEVAN, S/O. K. AMBU (LATE), AGED 41 YEARS, VADAKKEPURAYIL HOUSE, P.O. VENGARA, KANNUR TALUK. 4. K.V. DINESH BABU, S/O. KANNAN V.K.V., AGED 41 YEARS, KIZHAKKEVEETTIL HOUSE, P.O. VENGARA, KANNUR TALUK 5. K.V. NANDANAN, S/O. K. DAMODARAN, AGED 40 YEARS, KOLLIYAMVALAPPIL HOUSE, P.O. VENGARA, KANNUR TALUK. 6. V.AJITH KUMAR, S/O. OTHENAN NAMBIAR K.V. KUNNUMMAL HOUSE, P.O. VENGARA, KANNUR TALUK, 7. B.P. VENUGOPALAN, S/O. B.P. KANNAN E MASGER, AGED 52 YEARS, P.O. VENGARA, KANNUR TALUK 8. P. MURALEEDHARAN, S/O. NARAYANAN, AGED 35 YEARS, P.O. VENGARA, KANNUR TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PAZHAYANGADI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7177 of 2008 --------------------------------------------------- Dated this the 10th day of February, 2009. ORDER Petition for anticipatory bail. 2. A crime was registered under Section 174 of IPC. According to prosecution, one lady by name Sulochana committed suicide, setting fire to herself by pouring kerosene on her body in front of a building constructed by petitioners for Ayyappa Bhajan centre. She wrote a suicide note also and the case is that petitioners have abetted her suicide by repeated nuisance and harassment caused to her. 3. Learned counsel for petitioners submitted that there was some dispute with respect to the property where the Bhajan centre was to be constructed since it is close to the property of the deceased. 1.75 cents of property were given to the deceased's husband but even then they were not satisfied and several cases were filed. The building was constructed in the property which is in the possession of petitioners and it was to be inaugurated but two days prior to this, she committed suicide in front of the building. It was only because of her fickle mind and petitioners have not committed anything to contribute her to commit suicide and hence anticipatory bail may be granted, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the case diary reveals that deceased [B.A.No.7177/08] 2 and her family members were harassed by petitioners in several manner on account of the dispute relating to the property. The deceased had also written a suicide note which also reveals that she had committed suicide because of harassment. In the above circumstances, this is not a fit case to grant anticipatory bail, it is submitted. Even the name of the persons are mentioned in the suicide note itself. Learned Public Prosecutor also pointed out that even after the death, it is likely that harassment may continue against the deceased's family members. It is also submitted that they have even blocked the marriage proposals to deceased children and this had also wounded the deceased. 5. On hearing both sides and on going thorough the case diary, considering serious nature of the allegations made, I am least inclined to grant anticipatory bail to petitioners. Petitioners are bound to surrender and co-operate with the investigation. Petitioners may seek remedy before the committal court in accordance with law. The crime is registered as early as on 14.11.2008. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether she surrenders or not, police is at liberty to arrest her and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.