IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Bail Appl..No. 4981 of 2008() ----------------------------- CRIME NO. 109/2008 OF VELLARIKUNDU POLICE STATION PETITIONERS/ACCUSED:- -------------------------------------- 1. K.S.LAL, AGED 41 YEARS, S/O SHEKHARAN, KEENTHANANIKAL, PANNITHADAM, PARAPPA VILLAGE. 2. JANAKI, AGED 60 YEARS, W/O SHEKHARAN, KEENTHANANIKAL, PANNITHADAM, PARAPPA VILLAGE. 3. SHEKHARAN,S/O KUTTY, KEENTHANANIKAL, PANNITHADAM, PARAPPA VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT: ------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. VELLARIKUNDU POLICE STATION. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4981 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September,2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 498A, 323, 506 (i) read with section 34 IPC. According to the prosecution, defacto-complainant who is the wife of 1st petitioner (A1) was allegedly tortured and ill-treated by her husband and relatives who are accused 1 to 3. 3. Learned counsel for the petitioner submitted that on a particular day, defacto-complainant was found missing along with the child. Enquiries were made in her parental house and on knowing that she had not reached there, 1st petitioner filed a complaint before the police and a crime was under the caption “woman missing”. Later, she made a phone call and informed that she was at Retreat Centre Potta and asked 1st petitioner to withdraw the complaint. But, the police informed him that unless the missing person is found out, the case cannot be withdrawn. 4. Later, she was arrested from the bus stop and produced before the Magistrate. She did not make any complaint to the Magistrate against the petitioners then, but later she threatened BA 4581/08 -2- 1st petitioner stating that since she was taken to the court, he would also be dragged to the court and that is why this complaint is filed. The marriage took place on 20-5-2001 and a child who is now aged six years is born in the wed lock. The relationship was strained only because of the above incident, which is detailed above and defacto-complainant wanted to visit Divine Retreat Centre, which was disliked by petitioner as well as defacto-complainant's family members. 5. After hearing both sides, this matter was referred to the Lok Adalath at High Court. Though 1st petitioner appeared before the Adalath along with his counsel, defacto-complainant was not present, though she was instructed to appear before the Adalath. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the Investigating Officer and subject to that, he has no objection in granting anticipatory bail to petitioners. 6. Hence, the following order is passed:- Petitioners shall surrender before the Investigating Officer within seven days from today and, in the event of their arrest, if any, they shall be released on bail on their BA 4581/08 -3- executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that they will make themselves available for interrogation and they will report before the Investigating Officer as and when directed and will co-operate with the investigation . The application is allowed as above. K. HEMA, JUDGE. mn.