IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Bail Appl..No. 5368 of 2008() ----------------------------- CRIME NO.910/08 OF KOTTARAKKARA POLICE STATION PETITIONERS ------------------------------- 1. SURESHKUMAR.S, SATHEESH MANDIRAM, THEKKETHERI.P.O, PATTAZHI, PATTAZHI VILLAGE. 2. SASIDHARAN NAIR, SATHEESH MANDIRAM, THEKKETHERI.P.O, PATTAZHI, PATTAZHI VILLAGE. 3. INDIRAMMA, SATHEESH MANDIRAM, THEKKETHERI.P.O, PATTAZHI, PATTAZHI VILLAGE. 4. SUKUMARI AMMA, SATHEESH MANDIRAM, THEKKETHERI.P.O, PATTAZHI, PATTAZHI VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTARAKKARA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5368 of 2008 ----------------------------------------- Dated this the 29th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Sections 498(A) read with 34 of the Indian Penal Code. According to prosecution, first accused married de facto complainant and after the marriage, first accused, his parents and his mother's sister, who are accused 2 to 4, allegedly harassed the de facto complainant by demanding more money and dowry. The allegations is that gold ornaments and money given at the time of marriage were misappropriated. 3. Learned counsel for petitioners submitted that de facto complainant filed a petition as O.P.No.485/2008 before the Family Court, Kottarakkara for return of gold ornaments and money. She is not willing to come and reside with the husband and hence, he is moving for a divorce. The matter is being mediated into and the case is posted for counseling to 7.11.2008. In the meantime, if petitioner is arrested and detained in custody, it will cause irreparable injury and loss BA.5368/08 2 and the chances for settlement will have fizzled out, it is submitted. It is also stated that there are no allegations against accused 2 to 4, except vague and general allegations. 4. Learned Public Prosecutor submitted that specific allegations are made against first accused. He was allegedly harassing de facto complainant demanding more money. 5. On hearing both sides, I find that anticipatory bail can be granted on conditions. Hence, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each 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 within seven days from the date of their release and co- operate with the investigation. ii) Petitioners shall report before the investigating officer as and when directed. BA.5368/08 3 iii) Petitioners shall not commit any offence while on bail or influence or intimidate any witness. iv) First petitioner shall produce a fixed deposit receipt in the name of de facto complainant for an amount of Rs.50,000/- within seven days from the date of this order before the Magistrate Court concerned. This condition is applicable only to the first petitioner. Petition is allowed. K.HEMA, JUDGE vgs.