IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 6805 of 2008() ----------------------------------------- (CRIME NO.488/2008 OF KASARAGOD POLICE STATION) PETITIONER/2ND ACCUSED: ------------------------------------------- IMTIYAS, RESIDING AT THAIVALAPPU, NELLIKKATTA, NEKRAJE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE: --------------------------------------- THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ----------------------------------------- B.A.No. 6805 of 2008 ----------------------------------------- Dated this the 15th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 365, 120(B) and 395 of the Indian Penal Code. According to prosecution, accused 4 and 5, who are sisters of second accused owed an amount of Rs.24,700/- to de facto complainant. She filed a complaint against them, since they refused to repay the money, despite repeated demands. Infuriated by this, accused 1 to 7 committed the various offences, in pursuance of a criminal conspiracy. 3. Accordingly, first accused made a telephone call to the husband of de facto complainant on 5.7.2008 stating that the matter can be settled and accordingly, a person came near the shop of de facto complainant's husband and he was taken in a motor cycle. On the way, the motor cycle was stopped near a car and he was taken forcibly into the car. There were two persons in the car. De facto complainant's husband was taken from place to place and accused 4, 5 and 6 also got into the car at different places and ultimately on 6.7.2008, the alleged victim happened to escape and de facto complainant lodged a complaint. 4. Learned counsel for petitioner submitted that the allegations are absolutely false. Accused 4 and 5 do not owe any money to de facto complainant and no complaint was filed by her against accused 4 and 5. in fact, de facto complainant's BA.6805/08 2 husband was harassing accused 4 and 5, who were residing in the same house, where there is no male member, demanding even sex and when harassment became intolerable, Annexure A1 complaint was lodged before the Circle Inspector of Police by the 5th accused on 7.6.2008. 5. Thereupon, de facto complainant's husband called fourth accused over mobile phone and made demand for sex and he also abused her in filthy language and the 5th accused recorded the conversation. Accused 4 and 5 went to the police station with the recorded version and when they made a complaint in the police station, instead of registering the case, de facto complainant's husband was called to police constables. He came to the police station and at the instance of the police and under their advice, a false complaint was filed against petitioners making the present allegations, it is submitted. 6. I wanted learned Public Prosecutor to ascertain whether any complaint was lodged by de facto complainant in respect of the alleged money transaction. It is submitted, on instructions, that no such complaint is lodged. On hearing both sides and on going through Annexure A1 particularly, I find that anticipatory bail can be granted to petitioners and hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: BA.6805/08 3 i) Petitioner shall make himself available for interrogation as and when directed by the investigating officer and he shall co-operate with the investigation. ii). Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.