IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7900 of 2008() ----------------------------------- CRIME NO.956/2008 OF TALIPARAMBA POLICE STATION PETITIONERS/ACCUSED NO.2 & 4 : ------------------------------------------ 1. O.P.KUNHIRAMAN, S/O.KUNHIRAMAN, AGED 64 YEARS, P.O.KUTTIKOL, TALIPARAMBU (VIA) KANNUR DISTRICT. 2. O.GIRIJA, W/O.O.P.KUNHIRAMAN, AGED 52 YEARS, P.O.KUTTIKOL, TALIPARAMBU (VIA) KANNUR DISTRICT. 3. O.SHANI, W/O.SUNIL KUMAR, AGED 32 YEARS, SREENILAYAM, POYIL VALAPPIL, CHALAD P.O., KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT : ------------------------------------- STATION HOUSE OFFICER, TALIPARAMBU POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7900 OF 2008 ------------------------------ Dated this the 12th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498 A, 323, 403, 406, 506(ii) read with 34 of I.P.C. According to prosecution, defacto complainant was married the first accused and he misappropriated the gold ornaments and money given to her at the time of marriage. First accused and other family members harassed the defacto complainant and inflicted matrimonial cruelty. 3. Learned counsel for petitioners submitted that petitioners are accused nos.2 to 4, who are relatives of first accused, who is the husband of the defacto complainant. They have not committed any offence. Hence, they may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that on going through the case diary, main allegations are made against first accused and hence, he has no objection in granting anticipatory bail to petitioners, who are husband's relatives. B.A.No.7900 of 2008 2 On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed. Petitioners shall surrender before the Magistrate court concerned and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac