IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Bail Appl..No. 4293 of 2008() ----------------------------- CRIME NO. 171/2008 OF KUMBLA POLICE STATION PETITIONERS : ACCUSED 2 TO 4: ----------------- 1. ZAINABEE W/O LATE K.T. ABDULLA, AGED 76 YEARS,K.T. MAHAL,ANGADIMOGARU VILLAGE, KASARGODE. 2. IQBAL, S/O LATE K.T. ABDULLA, AGED 48 YEARS,K.T.MAHAL, ANGADIMOGARU VILLAGE, KASARGODE. 3. AYSHA W/O IQBAL, AGED 39 YEARS, K.T. MAHAL, ANGADIMOGARU VILLAGE, KASARGODE. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT: ------------- STATE OF KERALA, REPRESENTED 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 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4293 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2008 O R D E R Application for anticipatory bail. 2. Petitioners are accused 2 to 4 in the crime. The alleged offences are under sections 323, 406 and 498A read with section 34 IPC. Petitioners are the mother-in-law, brother- in-law and the co-sister of the defacto-complainant. They allegedly harassed the defacto-complainant and committed the offices. 3. The learned counsel for the petitioners submitted that a private complaint was filed by the defacto-complainant, based on which the crime was registered. The marriage between the defacto-complainant and the 1st accused took place on 23-4-1992 and they were living happily and the defacto-complainant was living in the matrimonial house. Thereafter, due to some difference of opinion, a mediation was effected and the petitioners and the defacto-complainant started living in separate houses from 1997 onwards. Petitioners have not committed any offence as alleged, but due to some strained BA 4293/08 -2- relationship of the defacto-complainant with her husband, the petitioners are unnecessarily dragged into the court by implicating them also in offence. The main allegations are made against the 1st accused and there are only general allegations against the petitioners, it is submitted. 4. The 1st petitioner is a lady aged 76 years and the 3rd petitioner is also a lady is not residing in the house of the defacto-complainant. 5. Hence, the following order is passed:- 1.Petitioners shall surrender before the Investigating Officer within seven days from the date of this order and shall make themselves available for interrogation. 2.Thereafter, in the event of their arrest, the petitioners shall be released on bail 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 condition that the petitioners shall co-operate with the investigation and appear before the Investigating Officer as and when directed. BA 4293/08 -3- 3. The petitioner shall not intimidate or influence any witness or witnesses while on bail and in case breach of this condition, bail is liable to be cancelled. K. HEMA, JUDGE. mn.