IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1307 of 2008() ----------------------------- CRIME NO. 182/08 OPF NORTH PARUR POLICE STATION .................... PETITIONER : 2ND ACCUSED ---------------------------- M.N.BALACHANDRAN, AGED 54 CHEMBAKASSERY HOUSE, KODUNGALLUR, RESIDING AT THE HOUSE OF CHANDRAN, C.MADHAVAN ROAD PALLITHAZHAM, MANNAM P.O., NORTH PARUR. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: COMPLAINANT & FORMAL PARTY --------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. S.I.OF POLICE,NORTH PARUR POLICE STATION BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1307 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. His son, a young man aged about 22 years, is the first accused. The first accused had allegedly fallen in love with the defacto complainant's daughter. That girl is elder to the first accused. There was love lost between them and there is allegedly an agreement that the first accused shall marry her. Petitioner and his son backed out from the said arrangement for marriage at the 11th hour, it is alleged. It is contended that the inability of the defacto complainant to satisfy the demand for dowry is the cause for the accused persons walking out of the arrangement for marriage. Crime was registered on 9.2.2008. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner, like any other affectionate father, did not want his son to walk into this B.A.No. 1307 of 2008 2 marriage with a girl elder to him. He is a student also. He was advised against the marriage but the petitioner's desires were not accepted. Reluctantly there was an agreement for marriage, but certain events took place later resulting in the breaking up of the arrangement and the marriage did not take place. The petitioner had never agreed to concede to the marriage. The petitioner was actually in the hospital undergoing treatment at the time when the proposed marriage did not fructify and the arrangement between the first accused and the girl broke away. False allegations are now raised against the petitioner. The story about the demand for dowry and the inability of the defacto complainant to satisfy such demand are all invented later. In any view of the matter, the petitioner may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor does not oppose the application. He submits that appropriate conditions may be imposed in the interests of a fair and efficient investigation. 4. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. B.A.No. 1307 of 2008 3 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 18.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty fi thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 19.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer and on all Mondays between 5 p.m. and 6 p.m. for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned B.A.No. 1307 of 2008 4 Magistrate as directed in clause (1) above, these directions shall lapse on 18.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 18.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 18.3.2008. (R. BASANT) Judge tm