IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2741 of 2009() ----------------------------- OP.533/2009 of FAMILY COURT, NEDUMANGAD CRIME NO.191/09 OF VATTAPPARA POLICE STATION PETITIONERS. -------------------------------- 1. NADEEM, AGED 26 YEARS, S/O. MAHABOOB KOYA THANGAL, GREEN VALLI, THEKKADA, VEMBAYAM. 2. NADEERA, AGED 45 YEARS, GREEN VALLI,THEKKADA, VEMBAYAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 2. SUB INSPECTOR OF POLICE, VATTAPPARA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2741 of 2009 ----------------------------------------- Dated this the 26th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.191/2009 of Vattapara Police Station, which was originally registered as Crime No.213 of 2009 of Mangalapuram Police Station. 2. The offence alleged against the petitioners is under Section 498A read with 34 of the Indian Penal Code. 3. The prosecution case is that the petitioners demanded dowry of Rs.1 Crore. The first petitioner is the husband of the de facto complainant, while the second petitioner is the mother of the first petitioner. Learned counsel for petitioners pointed out that the first petitioner filed O.P.No.533/2009 on 11.5.2009 before the Family Court, Nedumangad against the de facto complainant for restitution of conjugal rights and that the complaint was filed only thereafter. BA.2741/09 2 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The first petitioner shall report before the investigating officer between 9 AM and 11 AM on all Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. BA.2741/09 3 E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE vgs.