IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6804 of 2008()
1. SAJU YOHANNAN, S/O. KOSHY YOHANNAN,
... Petitioner
2. SAJI, S/O. JOY, AGED 34 YEARS,
3. SHERLY, W/O. SAJI, AGED 30 YEARS,
4. ALEXANDER, S/O. KUNJUKUNJU,
5. KOCHUMARIYA, D/O, RAPHEL, AGED 78 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. THE DICTECTIVE INSPECTOR,
For Petitioner :SRI.R.SURAJ KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/11/2008
O R D E R
K. HEMA, J.
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B.A. No. 6804 of 2008
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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
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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-
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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.