IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3812 of 2008() ----------------------------- CRIME NO.261/2008 OF MUKKOM POLICE STATION PETITIONERS/ACCUSED NOS. 1 AND 2 ------------------------------------------------- 1. C.P. BABU, S/O. GOPALAN (LATE), CHERATTUPARAMBATH HOUSE, PATHEERAMKAVU.P.O, KOZHIKODE DT. 2. C.P. KOUSU, W/O. GOPALAN (LATE), CHERATTUPARAMBATH HOUSE, PANTHEERAMKAVU.P.O, KOZHIKODE DT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, THROUGH THE S.I. OF POLICE, MUKKOM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3812 of 2008 ------------------------------------------- Dated this the 17th day of June, 2008 ORDER Petition for anticipatory bail. 2. Petitioners are the husband and mother- in- law of the defacto complainant. They are accused Nos. 1 and 2 respectively. The alleged offences are under Sections 406 and 498A read with Section 34 IPC. 3. Learned counsel for the petitioners submitted that the defacto complainant left the matrimonial home in the first week of December, 2007 and did not return. The petitioner was forced to file a petition before the Family Court for restitution of conjugal rights. On getting summons, the complaint is filed making false allegations, it is submitted. 4. Learned public prosecutor submitted that he has no objection in granting anticipatory bail on stringent conditions. 5. Hence, the following order is passed: (1) The petitioners shall surrender before the Investigating officer within 7 days from the date of this order and make themselves available for interrogation. BA 3812/08 2 (2) The petitioners, in the event of their arrest, if any, shall be produced before the Magistrate Court concerned in accordance with law. (3) On production of the accused before the Magistrate Court, if bail application is moved, the petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on the following conditions: (i) Petitioners shall report before the Investigating officer as and when directed. (ii) Petitioners shall co-operate with the investigation. (iii) The petitioners shall not threaten or intimidate any of the witnesses and in case of breach of this condition, bail is liable to be cancelled. K.HEMA, JUDGE csl