IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Bail Appl..No. 7445 of 2008() ----------------------------- CRMP.3553/2008 of D.C. & SESSIONS COURT,KOLLAM (CRIME NO.880/2008 OF KOTTIYAM POLICE STATION) SUDHARSANA KURUKKAL/ 1ST ACCUSED: -------------------------------- SUDHARSANA KURUKKAL, AGED 38 YEARS, S/O.KUNJU KURUP KURUKKAL, SUSEELA BHAVAN, UMAYANALLOOR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): COMPLAINANT: --------------------------- 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 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 7445 of 2008 --------------------------------------------------- Dated this the 1st day of January, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 294(b), 323, 324, 354, 498(A) and 506 read with section 34 of IPC. According to prosecution, petitioner, who is the first accused, and others ill-treated de facto complainant by demanding more money. Originally, Rs.60,000/- and 20 sovereigns of gold ornaments were given and thereafter on consistent demands Rs.50,000/- more was given. There were further demands and ultimately on 20.7.2008, petitioner came home fully drunk and assaulted de facto complainant asking for more money. She was forced to leave the house and filed a complaint. 3. Learned counsel for petitioner submitted that de facto complainant is having some mental problem and she had left her house on her own and filed a private complaint before Magistrate Court. She has not filed any complaint before police. She had also filed a petition for maintenance before the Magistrate Court and during counselling she gave the two children to petitioner voluntarily and in these circumstances anticipatory bail may be granted. Petitioner has not committed any offence, it is submitted. B.a.No.7445/08] 2 4. This petition is opposed. Learned Public Prosecutor submitted that two accused are already deleted from party array and there are specific allegations against petitioner. Even though he is stated to be a Poojari the allegation is that he had assaulted de facto complainant after getting fully drunk. It is not a fit case to grant anticipatory bail, it is submitted. 5. Learned counsel for petitioner submitted that petitioner is a Poojari in a temple and the allegations made against him are absolutely false. Learned counsel for petitioner further submitted that petitioner is prepared to pay maintenance also to de facto complainant and he is prepared to abide by any condition that is imposed. Petitioner is having two children and he is prepared to take back de facto complainant and he is taking earnest efforts to get her back. Petitioner is prepared to deposit Rs.50,000/- within three months towards maintenance and if anticipatory bail is refused and petitioner is remanded, it is likely that marital relationship will be broken, it is submitted. 6. On hearing both sides, I find that anticipatory bail can be granted by imposing conditions directing payment of maintenance. Hence, the following order is passed: 1) Petitioner shall surrender before the Magistrate Court concerned within 7 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 learned Magistrate on the following conditions: i) Petitioner shall report before the investigating officer within 3 days of release from custody and co-operate with the investigation and report before the B.a.No.7445/08] 3 investigating officer thereafter as and when directed. ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. iii) Petitioner shall deposit Rs.50,000/- for maintenance of de facto complainant within 3 months from today and in case he fails to comply with this condition bail is liable to be cancelled and petitioner will be remanded to custody. Petition is allowed. K. HEMA, JUDGE. Krs.