IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5101 of 2008(A) -------------------------------------- CRIME NO.442/2008 OF ANCHAL POLICE STATION, KOLLAM DISTRICT PETITIONERS/2ND & 3RD ACCUSED : --------------------------------------------- 1. K.K.MATHEW, AGED 63 YEARS, S/O.KOCHUKUNJU,JIJOBHAVAN, ALAYAMON P.O.ANCHAL, KOLLAM DISTRICT. 2. ANNAMMA MATHEW, AGED 60 YEARS, W/O. K.K.MATHEW, JIJOBHAVAN ALAYAMON P.O.,ANCHAL, KOLLAM DISTRICT BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.SMITHA DIVAKARAN SRI.SREEVALSAN.V RESPONDENT : ----------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5101 of 2008 ------------------------------------------------------- Dated this the 3rd day of September, 2008 O R D E R This petition is for anticipatory bail. 2. A complaint is filed by the defacto complainant against the petitioners alleging offences under Sections 498(A) and 34 IPC. The marriage between the defacto complainant and the first accused was on 4.9.2003 and a child, aged four years, was born in the wedlock. The first accused is abroad. Petitioners are the father-in-law and mother-in-law of the defacto complainant. 3. After hearing both sides, I referred the case to Lok Adalath for settling the matrimonial dispute. Though instructions were given to the defacto complainant to appear before the Lok Adalath, she did not appear. In the above circumstances, I find that anticipatory bail can be granted to the petitioners. Hence, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned within seven days from today and if BA No.5101/08 2 bail application is filed, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) They shall report before the Investigating Officer and make themselves available for interrogation as and when directed by him. (ii) They shall co-operate with the investigation. (iii) They shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl