High Court Kerala High Court

S.Jayalekshmi vs State Of Kerala on 12 November, 2008

Kerala High Court
S.Jayalekshmi vs State Of Kerala on 12 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6123 of 2008()


1. S.JAYALEKSHMI, MARUTHARAVILA VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :12/11/2008

 O R D E R
                             K.HEMA, J.
                   ---------------------------------------------
                         B.A.No.6123 of 2008
                   ---------------------------------------------
                Dated this the 12th November, 2008


                                 O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 498A and 306

IPC. According to prosecution, husband and sister in laws of the

deceased were harassing her after the marriage and she was also

abetted to commit suicide. After recording a suicide note, she

committed suicide by consuming poison.

3. Learned counsel for petitioners submitted that the

deceased Sheeba Rani’s husband was in Gulf after the marriage

and he came back in the month of April 2008. In the meantime,

she developed an affair with a person named Reji to whom she

gave half portion of the house on rent to run a computer

business. In respect of this, there were several quarrels and even

her family members were against this. Therefore, she had

written a letter to the husband stating that all of them are ill

treating her (vide Annexure III). She was forced to break her

relationship with Reji under mental depression and she therefore,

committed suicide and petitioners are not responsible for the

suicide.

BA No.6123/2008 2

4. It is also submitted that as per the First Information

Statement, there is no allegation that petitioners who are the

sister in laws of the deceased had harassed her. On the other

hand, the allegations were made against the husband. It is also

pointed out that the first accused was in custody for the past 48

days after his arrest and he was released on bail. Hence,

petitioners may also be granted anticipatory bail, it is submitted.

5. Further it is submitted that the first accused had a

complaint against deceased Sheeba Rani and Reji alleging that

they are threatening him stating that complaints will be filed

against him under Section 498A IPC and also under the Domestic

Violence Act. Copy of this complainant is produced as Annexure

II. Learned counsel for petitioners submitted that none of the

neighbours of the house where the deceased committed suicide

are questioned by the Investigating Officer. Instead neighbours

of the parental house of the deceased are questioned by the

Investigating Officer, it is submitted.

6. This petition is strongly opposed. Learned public

prosecutor submitted that all the relevant allegations are made in

the First Information Statement given by brother of the deceased

Sheeba Rani. First Information Statement will reveal that while

BA No.6123/2008 3

the defacto complainant was working abroad, he received a

phone call alleging that the deceased was being harassed

physically and mentally by the accused nos.1 to 3. His mother

made a phone call stating that the sister in laws were harassing

her and hence, immediately he called his sister and he also called

his brother in law (A1) and on knowing that she was being

tortured at the house, he immediately left Dubai.

7. The defacto complainant came by flight and reached

home on 20th evening. By the time, deceased had consumed

poison and she was hospitalised and on the next day, she died. It

is also pointed out that she had written a suicide note making

specific allegation that she was harassed by both the petitioners

physically and mentally and that they also abetted her to commit

suicide.

8. Learned public persecutor also submitted that

witnesses are questioned and the dying declaration itself reveals

the cruelty. The FIR fully supports the case of the prosecution

and it is not correct to say that no allegations are made therein

against petitioners. Specific allegations are made in FIS against

petitioners. The situation was so serious and compelling. So that

on getting phone calls defacto complainant came over the way

BA No.6123/2008 4

from abroad without any delay but, by the time she had

committed suicide. This is not a fit case to grant anticipatory

bail, it is submitted.

9. On hearing both sides and on going through the

documents, case diary, particularly, the suicide note and the First

Information Statement, I am satisfied of the submissions made

by learned public prosecutor and in a case of this nature, it is not

fit and proper to grant anticipatory bail. The crime is registered

as early as on 21.7.2008 and petitioners have not surrendered

before the court below and they were not available for

interrogation.

Therefore, petitioners are directed to surrender before

the Investigating Officer without any delay and co-

operate with investigation. Whether they surrender or

not, police is at liberty to arrest them at any time and

proceed in accordance with law.

With this direction, petition is dismissed.

K.HEMA, JUDGE
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