IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Bail Appl..No. 5673 of 2008() ----------------------------- (CRIME NO.625/08 OF KOYILANDI POLICE STATION) ACCUSED NOS. 1 AND 4: -------------------------------------- 1. INDRAPALAN.K.P., KUNHAPPA NAMBIAR, AGED 43 YEARS, K.C.R.NIVAS, MEPPAYUR AMSOM, KALPPATHUR DESOM, KOYILANDY TALUK. 2. PATHMANABHAN, S/O.PATHMANABHA PANICKER, AGED 60 YEARS, KUTTIYAPURAM HOUSE, ARIKKULAM AMSOM, PERAMBATH DESOM, KOYILANDY TALUK. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5673 of 2008 ------------------------------------------------ Dated this the 18th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 120(B), 354, 406, 420 and 493 of Indian Penal Code. According to prosecution, in pursuance to a conspiracy, the first accused married the de facto complainant by suppressing his earlier marriage and thereafter the gold ornaments and money belonging to the de facto complainant were misappropriated. 3. The petitioners filed an application for anticipatory bail along with other accused. Other accused were granted anticipatory bail by the learned Sessions Judge. 4. This petition is opposed. Learned Public Prosecutor pointed out that the first petitioner had an earlier marriage and he has two children in the marriage and the son is 20 year old and the daughter is 10 years old. The former wife filed a case against the first petitioner for bigamy. There is also allegation that the [B.A.No.5673/08] 2 4th accused had allegedly molested the de facto complainant and when this fact was conveyed to the first petitioner but he connived at such acts. On hearing both sides and considering the nature of allegations made against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Petitioners shall surrender before the investigating officer or before the Magistrate court concerned, at the earliest. This petition is dismissed. Sd/- K. HEMA, JUDGE. Krs.