IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6472 of 2008(F) ------------------------------------- CRIME NO.535/2007 OF KASARGOD POLICE STATION PETITIONER/ACCUSED NO.1 : ------------------------------------ B.M. MOHAMMED DAVOOD, S/O. BEERAN, DAVOOD MANZIL, OLAYATHADKA, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/COMPLAINANT/STATE : ---------------------------------------------- STATE, REPRESENTED BY THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, KANNUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6472 OF 2008 ------------------------------ Dated this the 21st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 498A read with Section 34 of IPC. According to prosecution, the petitioner, who is the husband of the defacto complainant, along with his parents in furtherance of common intention physically and mentally harassed the defacto complainant demanding more money and dowry. 3. Learned counsel for the petitioner submitted that the petitioner was working abroad and specific allegations are all made against his parents and not against petitioner. There is only general allegation that more money was demanded by the petitioner and no allegation of physical assault is made against petitioner. It is also submitted that co-accused were granted regular bail but, there is no guarantee that petitioner will be released on bail, since he is the husband of the defacto complainant. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and B.A.6472 of 2008 2 co-operate with the investigation and subject to this, he has no objection in granting anticipatory bail. After hearing both sides, I am satisfied that petitioner can be granted anticipatory bail. Hence the following order is passed: 1. The petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation and co-operate with the investigation. 2. Thereafter, he shall be released on bail, in the event of his arrest, on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on condition that he may not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac