IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 6632 of 2008() ----------------------------- CRIME NO. 150/2008 OF POZHIYOOR POLICE STATION PETITIONER (S): ACCUSED 1 TO 3:- -------------------- 1. ANSAR,S/O.MOHAMMED HANEEFA, EMS COLONY,POOVAR DESOM, THIRUPURAM VILLAGE. 2. RASHEEDA,W/O.MOHAMMED HANEEFA, EMS COLONY,POOVAR DESOM, THIRUPURAM VILLAGE. 3. ALI FATHIMA,D/O.MOHAMMED HANEEFA, EMS COLONY,POOVAR DESOM, THIRUPURAM VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6632 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 498A read with section 34 IPC. According to prosecution, 1st petitioner married de facto complainant on 19-7-2007 at Sub Registrar's office, Thiruvallam and at the time of marriage Rs.25,000/- was given by de facto complainant's parents to him. They lived together in a rented house and she was subjected to physical and mental harassment. A child was also born in the wedlock. Petitioners 2 and 3 also ill treated de facto complainant. 3. Learned counsel for the petitioners submitted that this is absolutely a false case. De facto complainant is aged 25 years, as seen from the First Information Statement itself. But, petitioner is aged only 20 years, as per the extract of admission register (Annexure-C). The allegation that 1st accused married de facto complainant on 19-7-2007 at Sub Registrar's Office, Thiruvallam is falsified by Annexure-B certificate issued from Sub Registrar's Office, Thiruvallam revealing that there was no such marriage registered. It is also submitted that no marriage can be registered BA6632 /08 -2- under the Special Marriage Act, since 1st petitioner is only aged 20 years. It is also submitted that de facto complainant was already married to one Shahul Hameed and his details and address are given in the petition. Learned counsel for petitioners submitted that there are only vague allegations against parents of 1st petitioner who are accused 2 and 3. 4. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the Investigating Officer and subject to that, he has no objection in granting anticipatory bail to the petitioner. 5. On hearing both sides, I am satisfied that petitioner scan be granted anticipatory bail. Hence, the following order is passed:- (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall report before the Investigating Officer as and when directed. ii) Petitioners shall not intimidate or influence BA6632 /08 -3- any witness or tamper with evidence or commit any offence while on bail. iii) Petitioners shall co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.