IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Bail Appl..No. 7105 of 2008() ----------------------------- CRIME NO.154/08 OF KUTTIADI POLICE STATION PETITIONERS : --------------------- 1. PAREETH, AGED 52 YEARS, THACHIRUKUDI, CHERUVELIKKUNNU, MUDICKAL.P.O, PERUMBAVOOR. 2. SAFIA PAREETH, W/O PAREETH, AGED 50 YRS, THACHIRUKUDI, CHERUVELIKKUNNU, MUDICKAL.P.O, PERUMBAVOOR. 3. SAJADH, S/O.PAREETH, AGED 25 YEARS, THACHIRUKUDI HOUSE, CHERUVELIKKUNNU MUDICKAL.P.O, PERUMBAVOOR. 4. SUNITHA ABBAS, W/O ABBAS, AGED 26 YEARS, MUTHEDAN HOUSE, KANDANTHARA, PERUMBAVOOR. 5. SANITHA SALAM, W/O SALAM, AGED 28 YEARS, PERUMBADAN HOUSE, EDAYAPPURAM, ALUVA. 6. ABBAS, AGED 33 YEARS, MUTHEDAN HOUSE, PERUMBAVOOR. 7. SALAM, AGED 38 YEARS, PERUMBADAN HOUSE, EDAYAPPURAM, ALUVA. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUTTIADI POLICE STATION, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2008, ALONG WITH B.A.NO.7106/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.Nos.7105 & 7106 of 2008 --------------------------------------------- Dated this the 21st November, 2008 O R D E R These petitions are for anticipatory bail. 2. The alleged offences are under Sections 324, 406, 498 (A) and 506 read with Section 34 IPC. Petitioners in B.A.No.7105/08 are accused nos. 2 to 8. Petitioner in B.A.No.7106/08 is accused no.1. The first accused is the husband of the defacto complainant and other accused are the father-in- law, mother-in-law, sisters-in-law, brothers-in-law etc. According to defacto complainant, after her marriage with the first accused, he had taken all her gold ornaments except five sovereigns and given it to the second and third accused, who are parents-in-law, and all of them misappropriated the same. Thereafter, demands were made for more money and all the members of the family started harassing her. Physical and mental cruelty was inflicted by the first accused and other accused. 3. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. The BA No.7105/2008 2 accused had second marriage with the defacto complainant. In the first marriage, he has a child. The defacto complainant's grievance was that the child used to be permitted to sleep with the father and there were some difference of opinion on this. Because of this, the relationship has strained but the allegations made in the complaint are baseless. It is also pointed out that there are only vague allegations against accused nos. 2 to 8 and they are brought into the array of accused only because they are close relatives of the husband. Hence, anticipatory bail may be granted to the petitioners, it is submitted. 4. Learned public prosecutor submitted that specific allegations are made against first accused that he used to come home drunk and ill treat the defacto complainant. Immediately after the marriage, after misappropriating gold ornaments and money, he also demanded more money from the defacto complainant. First accused is aged 41 years and he had his second marriage with the defacto complainant, who is aged only 19 years. On the facts of this case, it is not a fit case to grant anticipatory bail, it is submitted. However, learned public prosecutor conceded that allegations against accused nos.2 to 8 BA No.7105/2008 3 are general and he has no objection in granting anticipatory bail to them. 5. On hearing both sides, I am satisfied of the submissions made by the learned public prosecutor and I find that anticipatory bail can be granted to accused nos. 2 to 8. But, considering the nature of allegations raised against first accused, I am not inclined to grant anticipatory bail to him. Hence, the following order is passed: (i) Prayer for anticipatory bail by the first accused is rejected. (ii) First accused is directed to surrender before the Magistrate Court concerned or Investigating Officer and co-operate with investigation without any delay. Whether he surrenders or not, respondent is at liberty to arrest him and proceed in accordance with law. (iii) Accused nos. 2 to 8 shall surrender before the Magistrate Court concerned and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each BA No.7105/2008 4 for like sum to the satisfaction of the Magistrate Court concerned on the following conditions: (i) They shall not influence or intimidate any witness or commit any offence while on bail. (ii) They shall report before the Investigating Officer as and when directed and co-operate with investigation. B.A.No.7105/2008 is allowed. B.A.No.7106/08 is dismissed. K.HEMA, JUDGE csl