IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6495 of 2008()
1. CHACKY, AGED 72 YEARS, W/O.LATE
... Petitioner
2. SAVITHRI BAHULEYAN, AGED 35 YEARS,
Vs
1. THE SUB INSPECTOR OF POLICE, PAVARATTY
... Respondent
2. STATE REP;BY PUBLIC PROSECUTOR,
For Petitioner :SRI.P.K.ANIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/11/2008
O R D E R
K. HEMA, J.
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B.A. No. 6495 of 2008
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Dated this the 14th day of November,2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 309, 498A, 306
read with section 34 IPC. According to prosecution, petitioners
are mother-in-law and sister-in-law of deceased Sajitha and they
allegedly harassed deceased Sujatha and due to the harassment
she poured kerosene on her body and set fire to herself and
committed suicide.
3. According to petitioners, they are innocent of the
allegations made and there was no provocation for the deceased
to commit suicide. Section 306 IPC is added consequent to an
after thought. First petitioner is aged 75 years and she is
suffering from several ailments. Second petitioner is having
children who are studying in various classes. Therefore, they may
be granted anticipatory bail, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that a dying declaration was recorded by the
Magistrate from the deceased while she was in the hospital. She
made specific allegations against petitioners and also her
brother-in-law in the dying declaration. In a case of this nature, it
may not be fit to grant anticipatory bail, it is submitted.
BA 6495/08 -2-
5. On consideration of the relevant contentions and on
going through the case diary, I am satisfied that this is not a fit
cast to grant anticipatory bail.
Petitioners are directed to surrender before
the Magistrate court concerned or before the
Investigating Officer without any delay and co-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.