IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Bail Appl..No. 5360 of 2008() ----------------------------- CRIME NO. 463/2008 OF PARASSALA POLICE STATION PETITIONERS/ACCUSED 1 TO 5- ------------------------------------------- 1. SATHEESH KUMAR, S/O DASSAN, KEEXHUPORUVILA PUTHEN VEETTIL, MUNDAPLAVILA, PARASSALA DESOM, PARASSALA VILLAGE. 2. TULASI, W/O LATE DASSAN, OF DO... 3. SANDHYA, VALLABHANVILA VEEDU, RAMAPURAM, ATHIYANOOR DESOM, ATHIYANNOOR VILLAGE. 4. HARI, HARI BHAVAN, KOTTUKALKONAM, BALARAMPURAM. 5. CHANDRAN, ROADARIKATHU PUTHEN VEEDU, KOTTUKALKONAM, BALARAMAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5360 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of September,2008 O R D E R Petition for anticipatory bail. 2. According to the prosecution, defacto-complainant was mentally and physically harassed by petitioners, since she refused to part with 20 sovereigns of gold, on demand made by petitioners, for the purpose of marriage of the younger sister of 1st petitioner. 3. Learned counsel for the petitioner submitted that much earlier to the filing of the complaint, entire gold ornaments had been handed over to defacto-complainant at the police station on 9-7-2008 and a receipt is produced as Annexure-II. But, thereafter defacto-complainant filed a complaint before the police on 5-8- 2008, making false allegations. In fact, defacto-complainant was insisting 1st petitioner who is her husband to reside in her house which 1st petitioner was finding it difficult since he has a widowed mother, who is dependent on him. 4. Petitioners were prepared to settle the issue between the parties and the matter was referred to the Lok Adalath for settlement by this Court. Though the information was conveyed to defacto-complainant to appear before the Lok Adalath at High BA 5360/08 -2- Court, defacto-complainant did not turn up before the Adalath on 5-9-2008. In the above circumstances, I find that anticipatory bail can be granted to petitioners 1 to 5 (who are husband, mother-in-law, sister-in-law of defacto-complainant and brothers- in-law of 1st petitioner. . 5. Hence, the following order is passed:- Petitioners shall surrender before the Magistrate Court concerned within seven days from today and if any bail application is filed, petitioners shall be released on bail on their executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on the following conditions:- i) Petitioners shall make themselves available for interrogation by the Investigating Officer as and when directed. ii) Petitioners shall report before the Investigating Officer as and when directed. BA 5360/08 -3- iii) Petitioners shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.