Judgment :- The only ground urged in this bail petition filed before this Court by Mr. Sankara Subbu, learned counsel for the petitioner, who argued at length, is this :- "The petitioners are suffering from AIDS/HIV positive and are counting their last days. On humane consideration, they should be allowed to die in their town." 2. This application is stoutly opposed by learned Special Public Prosecutor, on the ground that the petitioners are the main accused in the case which relates to the attempt made on the life of Ms. V. S. Chandralekha, I.A.S. (resigned) by throwing acid on her face and body, while she was travelling in a car, to her office, and that the investigation is reopened at the intervention of the Apex Court, and that the said investigation discloses, that apart from the petitioners, against whom charge sheet has already been filed, some other persons are also involved, and that now the C.B.I. - the investigating agency is making all efforts to book all other persons also, who involved in the heinous crime 3. The learned Special Public Prosecutor also filed a counter, stating that the petitioners who are suffering from AIDS have been given necessary treatment in the hospital, and that if they are released on bail, they would go underground. It is also stated in the counter that the second petitioner had moved an application with similar prayer in Crl. O.P. No. 6553 of 1997, but the same was dismissed by this Court on 28-5-1997 4. Heard both elaborately 5. The peculiar prayer made in this petition on behalf of the petitioners is "Grant bail, we are in death bed we would go to our home town, allow us to die there." * 6. I am afraid, how this prayer could be maintained under Section 439 Cr. P.C. Under Section 439 Cr. P.C., special powers have been conferred to the High Court, by which the High Court, by which the High Court may direct any person accused of an offence and in custody be released on bail, with suitable conditions, which it considers necessary for the purpose of ensuring his presence before the trial Court, to enable the trial Court to proceed on with trial 7. Under Section 441 Cr. Under Section 441 Cr. P.C., the High Court, while relasing a person on bail would either ask his own bond for such sum of money or by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond and shall continue so as to attend until otherwise directed by the Court 8. The word 'bail' is defined in The Law Lexicon by P. Ramanatha Aiyar, as follows :- "Bail : To set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and a place certain, which security is called 'bail He is bailed, that is to say, set at liberty until the day appointed for his appearance Blackstone defines 'bail' as" * a delivery or bailment, of a person to his sureties, upon their giving (together with himself) sufficient security for his appearance : he being supposed to continue in their friendly custody, instead for going to goal." 9. Therefore, neither the relevant provisions of the Code of Criminal Procedure, nor the meaning of the word 'bail' as provided in the Law Lexicon, would provide release of a person to die in the home town. Hence, I am of the view the prayer made in this petition is quite preposterous, which could not be granted, as the law does not provide for the same 10. As indicated earlier, in the counter filed by the Special Public Prosecutor, it has been specifically mentioned that necessary treatement is being given in the hospital to the petitioners by the prison authorities. So, when the authorities are trying their best to save the lives of the petitioners. I am at/loss to understand, as to why the petitioners knocked at the doors of the highest forum of the Judiciary in the State repeatedly to give permission to die in their home town 11. During the course of argument, Mr. Sankara Subbu, learned counsel for the petitioners would with vehemence submit that if they are allowed to come out on bail, they would take better treatment from Siddha Doctors, as some of the Siddha Doctors assured the petitioners to cure their disease, this submission is quite contradictory to the ground urged in the petition 12. At this stage, Mr. Sankara Subbu, learned counsel for the petitioners would with vehemence submit that if they are allowed to come out on bail, they would take better treatment from Siddha Doctors, as some of the Siddha Doctors assured the petitioners to cure their disease, this submission is quite contradictory to the ground urged in the petition 12. At this stage, Mr. Rajamanickam learned Special Public Prosecutor, brought to my notice, that the petitioners have approached a Division Bench of this Court, with similar prayer, and the same was dismissed, giving liberty to the petitioners to file a writ of mandamus for a direction to the Government to give appropriate medical facility to the petitioners 13. In that view of the matter, it cannot be proper for this Court to grant bail for these petitioners, especially when the learned counsel for the petitioners would submit that the petitioners would go to their home town and die there, which implies that they would not come back to Court, for facing the trial. In that event, the bail sought for by the petitioners would itself become infructuous 14. Therefore, this Court feels that the petitioners should not be allowed to die in their home town, and they must be given opportunity to face the trial, in order to bring out the truth, especially when the C.B.I., on the direction of the Apex Court found out the involvement of other persons also in this serious case, where an I.A.S., Officer, while she was going to attend her work, was attempted to be murdered 15. Hence the petition is dismissed.