IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 519 of 2009() ----------------------------------------- OP.1087/2008 of FAMILY COURT,KOZHIKODE CRIME NO.27/2009 OF EDACHERRY POLICE STATION, KOZHIKODE . .................... PETITIONERS/ACCUSED NOS.1 TO 4: ------------------------------------------------------- 1. AFSAL, S/O. AYOOB, PUTHIYA PURAYIL, SREEJA APARTMENTS, NEAR ONCHIYAM RAILWAY GATE, P.O. KANNUKKARA, VADAKARA, KOZHIKODE. 2. AYOOB, PUTHIYA PURAYIL, SREEJA APARTMENTS, NEAR ONCHIYAM RAILWAY GATE, P.O. KANNUKKARA, VADAKARA, KOZHIKODE. 3. FATHIMA, W/O. AYOOB, PUTHIYA PURAYIL, SREEJA APARTMENTS, NEAR ONCHIYAM RAILWAY GATE, P.O. KANNUKKARA, VADAKARA, KOZHIKODE. 4. AFSILA, D/O. AYOOB, PUTHIYA MANZIL, SREEJA APARTMENTS, NEAR ONCHIYAM RAILWAY GATE, P.O. KANNUKKARA, VADAKARA, KOZHIKODE. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENT/DEFACTO COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, (S.H.O EDACHERRY POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUHSI @ MOUSHI, D/O. MUHAMMED ALI, MUMTAZ MAHAL, THAZHE KUNIYIL, MUKKAPURATH, BADAKARA BEACH ROAD, BADAKARA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.519 of 2009 ------------------------------------ Dated this the 6th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 4 in Crime No.27/2009 of Edacherry Police Station, Kozhikode. 2. The offence alleged against the petitioners is under Section 498 A of the Indian Penal Code. 3. The defacto complainant filed a complaint before the court of Judicial Magistrate of the First Class, Vadakara, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Thereafter, the crime was registered. The marriage between the defacto complainant and the first accused took place on 31/08/2008. It is stated that they lived together only for five days. The first accused, husband filed O.P. No.1087/2008 on the file of the family court, Kozhikode against his father in law, mother in law and the defacto complainant claiming compensation of Rs.5,85,000/-. The defacto complainant, wife filed B.A. No.519/2009 Page numbers O.P No.421/2009 for divorce before the family court, Kozhikode. She also filed O.P.No.28/2009 against her husband for return of money and ornaments given at the time of marriage. The aforesaid cases are pending. 4. When the matter came up for hearing, the learned Single Jude of this Court referred the matter to the Lok Adalath. The parties could not agree for compromise. 5. I have perused the case diary. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/-each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the B.A. No.519/2009 Page numbers evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm