IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 7362 of 2008(E) ------------------------------------- CRIME NO.411/2008 OF MANNAR POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. SUNIL, PATHEERETHU VEEDU, KUTTAMPEROOR, MANNAR. 2. SUSI, PATHEERETHU VEEDU, KUTTAMPEROOR, MANNAR. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT/COMPLAINANT : ------------------------------------ SUB INSPECTOR OF POLICE, MANNAR REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7362 OF 2008 ------------------------------ Dated this the 20th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498A read with 34 of I.P.C. According to prosecution, defacto complainant was married by first accused and after the marriage, she was harassed by the petitioners, who are her husband and mother in law (second accused), demanding more dowry etc. 3. Learned counsel for petitioners submitted that the marriage took place in 2004 and there are 2 children in the wedlock. But recently, first petitioner's mother fell in sick and she had to be treated in the Sree Chitra Hospital, Trivandrum for brain tumour and for heart surgery. First Petitioner is the only son for her and he had the responsibility to look after her. But at this crucial moment, the defacto complainant left the house with the children and first petitioner made attempts to bring her back, But, she was not heeding to the request. 4. First petitioner, therefore, filed a petition for restitution of conjugal rights and thereafter, this complaint is B.A.No.7362 of 2008 2 filed. It is also submitted that first petitioner was prepared to maintain his wife and children and an order was passed by the Family Court on petitioner agreeing to pay Rs.2,000/- per month to the wife and children. In such circumstances, anticipatory bail may be granted, it is submitted. The documents relating to the mother's illness are produced as Annexures A1 and A2. 5. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail to second petitioner, since there are only vague allegations. But, he opposed the prayer for anticipatory bail by first accused. On hearing both sides and on going through the records, I find that anticipatory bail can be granted to both petitioners on conditions, taking into consideration the various facts and circumstances of the case. Hence, the following order is passed. Petitioners shall surrender before the Magistrate court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two B.A.No.7362 of 2008 3 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