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.
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B.A.No.6123 of 2008
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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
csl