IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2916 of 2010() ----------------------------- (CRIME NO.301/2010 OF KOTHAMANGALAM POLICE STATIN) PETITIONERS/ACCUSED NOS.2 & 3 ------------------------------------------------- 1. NAVAS, S/O.PAREED, PARATHANDEL HOUSE, ENANELLUR VILLAGE, KALAMBUR KARA. 2. SREEKANTH, S/O.SASI, AGED 23 YEARS, K.COLONY, PLOT NO.47, ELAMKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 2916 of 2010 --------------------------------------------------- Dated this 31st day of May, 2010. ORDER Petition for anticipatory bail. 2. The alleged offences under Sections 323, 294(b), 498A and 34 IPC. According to prosecution petitioner along with other accused harassed de facto complainant. They also uttered obscene words against de facto complainant. 3. Learned counsel for petitioners submitted that petitioners are, admittedly, friends of first accused, who is the husband of de facto complainant. No offence under Section 498A IPC will lie against any person other than the husband or his relatives. Therefore, petitioners may be granted anticipatory bail, it is submitted. 4. On hearing both sides, I find that considering the nature of allegations made, this is not a fit case to grant anticipatory bail. However, I make it clear that offence under Section 498A IPC will not lie against petitioners. Hence, if petitioners surrender before Investigating Officer or before [B.A.No.2916/2010] 2 Magistrate Court concerned within 7 days from today, offence under Section 498A will be treated not included as against petitioners, for the purpose of bail. Petition is disposed of accordingly. K. HEMA, JUDGE. Krs.