IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Bail Appl..No. 4065 of 2008() ----------------------------- CRIME NO.269/2008 OF KODANADU POLICE STATION PETITIONERS --------------------------- 1. BIJU, AGED 22, S/O. KAVALAN, MUNDAPILLY HOUSE, VENGUR WEST VILLAGE, ERNAKULAM 2. AMBIKA, AGED 52, W/O. KAVALAN, MUNDAPILLY HOUSE, VENGUR WEST VILLAGE,ERNAKULAM BY ADV. SRI.M.R.VENUGOPAL RESPONDENTS: RESPONDENTS ------------------------ 1. S.I. OF POLICE, KODANADU POLICE STATION, ERNAKULAM DT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4065 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2008 O R D E R Application for anticipatory bail. 2. Petitioners are the husband and mother-in-law of the defacto- complainant. The complaint was filed by the defacto-complainant alleging that on 5-8-2008 her father and brother came to the matrimonial house and there was some altercation and the 1st petitioner aimed a blow at the defacto- complainant, which hit on the father-in-law and the brother-in-law. Hence, the defacto-complainant filed a complaint alleging offence under sections 498A read with section 34 IPC. 3. According to the learned counsel for the petitioners, the 1st petitioner married the defacto-complainant in 2003 and they are not on cordial relationship with each other. On 5-6-2008, some incident happened but no injury was caused to the father-in-law and no weapon was used. The 1st petitioner is having two children in the wed-lock. If anticipatory bail is not granted, the marital relationship may be broken. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioners on conditions. BA 4065/08 -2- 4. Hence, the following order is passed:- Petitioners shall be released on bail, in the event of their arrest, on their executing a bond for Rs.25,000/-each with solvent sureties each for the like amount to the satisfaction of the arresting officer on the following conditions: 1.The petitioners shall co-operate with the investigation. 2.The petitioners shall appear before the Investigating Officer as and when directed for the purpose of investigation. The application is allowed. K. HEMA, JUDGE. mn.