IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Bail Appl..No. 3434 of 2010() ------------------------------------ (CRIME No.247/10 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE) ...................................... PETITIONERS(S):/ACCUSED Nos.2 & 4 : ------------------------------------------------------ 1. AYSHA MUHAMMED, W/O.C.A.MUHAMMED, CHELA VEEDU, B-21, GIRINAGAR NORTH, KOCHI-20. 2. SHERIN, W/O.DR.V.K.SHAKKIR, CHELA VEEDU, B-21, GIRINAGAR NORTH, KOCHI-20. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3434 of 2010 ----------------------------- Dated this the 10th day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498-A read with Section 34 of the Indian Penal Code. According to prosecution, de facto complainant was married to first accused on 28.12.2008 and thereafter first accused and his near relatives harassed de facto complainant physically and mentally. Mother-in-law and sister-in-law are also arrayed as second and fourth accused. 3. Learned counsel for petitioners(A2 and A4) submitted that there are no specific allegations against petitioners and main allegations are against first accused. 4. Learned Public Prosecutor conceded that the main allegations are against first accused and not against petitioners. In the above circumstances, he has no objection in granting anticipatory bail, but conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that petitioners can be granted anticipatory bail on the conditions. Hence, the following order is passed: B.A. No. 3434 of 2010 2 1. Petitioners shall surrender before the Magistrate Court concerned within seven days from today. 2. On such surrender, they shall be released on bail on their executing bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i). Petitioners shall report before the investigating officer as and when directed and co-operate with the investigation. ii). Petitioners shall not influence or intimidate any witness or tamper with the evidence. iii). In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln