IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Bail Appl..No. 7965 of 2008() ----------------------------- (CRIME NO.598 OF 2008 OF RANNI POLICE STATION) PETITIONERS/ACCUSED: -------------------- 1. ALEX JACOB, S/O.K.A.JACOB, AGED 39 YEARS MUNDAKATHIL, CHELLAKKAD P.O., RANNY, PATHANAMTHITTA. 2. MARYKUTTY JACOB, W/O.LATE K.A.JACOB, AGED 68 YEARS, MUNDAKATHIL, CHELLAKKAD P.O., RANNY,PATHANAMTHITTA. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7965 of 2008 --------------------------------------------------- Dated this the 13th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 498-A IPC. According to prosecution, de facto complainant married the first accused under the Special Marriage Act. Theirs was a love marriage which took place on 8.5.2007. They were employed in Kuwait. When they came to India to the first accused's house, 2nd accused, who is the mother-in-law, did not allow the de facto complainant to enter the house. The pregnancy was aborted and her ornaments were taken away by first accused. First accused also started to ill-treat her. On 10.12.2008 she was physically assaulted and she was hospitalised and hence the complaint is filed. 3. Learned counsel for petitioner submitted that after returning from Kuwait, first accused was residing with de facto complainant in her brother's house. But the treatment in that house by de facto complainant and her brother was intolerable and he had to leave the house. There were physical assaults from both of them. Later, she filed a divorce petition on 24.11.2008 and Annexure-1 is the copy of the petition. The first accused was also assaulted on 10.12.2008 at his residence and [B.A.No.7965/08] 2 he also filed a compliant against de facto complainant and copy is Annexure-AII. First accused also sustained injury. Petitioners have not asked de facto complainant to abort and compliant does not show that it was at their instance she aborted. 4. This petition is opposed. Learned Public Prosecutor submitted that there is evidence of physical violence on the part of first accused and de facto complainant was hospitalised also. The first accused filed a divorce petition and there is no ground to grant anticipatory bail. However, there are no serious allegations against the 2nd accused and he has no objection in granting anticipatory bail to 2nd accused. But the request made by first accused for anticipatory bail is opposed. 5. On hearing both sides, considering the serious nature of the allegations made against first accused, I am not inclined to grant anticipatory bail to first accused. However, I am satisfied that anticipatory bail can be granted to 2nd accused on conditions. Hence, the following order is passed: 1) The prayer for anticipatory bail by first accused is rejected. He is directed to surrender before investigating officer or before the Magistrate court concerned and co-operate with the investigation. Whether he surrenders or not, the police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by the first petitioner in this crime will be entered by this Court. 3) The 2nd petitioner shall surrender before the Magistrate court concerned within seven days from today and she shall be released on bail on [B.A.No.7965/08] 3 her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: i) She shall report before the investigating officer as and when directed and co- operate with the investigation. ii) She shall not influence or intimidate any witness or commit any offence while on bail. Petition is partly allowed. K. HEMA, JUDGE. Krs.