IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3269 of 2008() ----------------------------- CRIME 294 OF 2008 OF CHENGANNUR POLICE STATION PETITIONER ------------------- BINOY SAMUEL, S/O.SAMUEL, MAVILAYIL, THAZHATHUVADAK.P.O., PATHANAPURAM, QUILON (DT). BY ADV. SRI.P.VINODKUMAR SRI.SUSHANTH.J. SRI.T.K.AJITHKUMAR RESPONDENTS: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2008, ALONG WITH BA.3330 OF 2008 THE COURT ON 28/05/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3269 of 2008 & B.A.No. 3330 of 2008 ----------------------------------------- Dated this the 28th day of May, 2008 O R D E R These petitions are for anticipatory bail. 2. Petitioner in B.A.No.3269 of 2008 is the first accused and petitioners in B.A.No.3330 of 2008 are accused 2 and 3 in the same crime. The first accused and the defacto complainant were married on 22.10.2007. Thereafter, it is alleged that he ill-treated the defacto complainant, tortured her and got pregnancy aborted and she was forced to leave etc. She made a complaint before the Women's Commission and also before the Magistrate's Court on the same allegations. A crime was registered for offences under Sections 498(A), 120(A), 120(B), 316 and 341 of Indian Penal Code against the petitioners and their close relatives. 3. Learned counsel for petitioners submitted that petitioner in BA.3269 of 2008 is suffering from temporal lobe epilepsy from childhood and the marriage was conducted disclosing this fact. But, the defacto complainant, it appears, was not aware of this, and refused to live with the husband, on coming to know about his BA.3269 & 3330/08 2 ailment. The defacto complainant became pregnant and she was seeking help of petitioner to abort the pregnancy for which he was not willing. Thereafter, she left the house and got the pregnancy aborted. The allegations made by defacto complainant are false and it is found so by the Women's Commission, it is submitted. Learned counsel for petitioners submitted that the parties were referred to the Family Court by the Women's Commissioner and no action was taken against the petitioners, since the Commission was satisfied of the truth in the matter. 4. Learned Public Prosecutor submitted that petitioners may be directed to appear before the investigating officer for interrogation and he has no objection in releasing them on bail on conditions, thereafter. 5. On hearing both sides, I am satisfied that this course can be adopted and hence, the following orders are passed: i) Petitioners shall appear before the investigating officer on 4.6.2008 between 10 AM and 5 PM and make themselves available for interrogation and thereafter they shall be produced before the Magistrate's Court concerned, in accordance with law. ii) The learned Magistrate shall release the petitioners on bail on their executing bond for Rs.25,000/- each with two solvent BA.3269 & 3330/08 3 sureties each for the like sum to the satisfaction of the court, on condition that they shall appear before the investigating officer as and when directed by him. The petitions are allowed. K.HEMA, JUDGE vgs.