IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6300 of 2008(F) ------------------------------------- CRIME NO.290/08 OF THIRUVAMBADI POLICE STATION .................... PETITIONERS/ACCUSED NOS.2 & 3 : -------------------------------------------- 1. LAIJU K.ANAD, S/O.ANAND, PULIKKAL PARAMBIL, KALLIPADAM P.O., SHORNUR, PALAKKAD. 2. SHIRA R., W/O.LAIJU, --DO-- BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. SUB INSPECTOR OF POLICE, THIRUVAMBADI POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6300 OF 2008 ------------------------------ Dated this the 16th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 363, 342, 420, 506(1) read with Section 34 of I.P.C. According to prosecution, the defacto complainant was cheated by the petitioners and the first accused. She was taken away for the purpose of getting married to the first accused. She was taken to the panchayat office and a marriage certificate was created and thereafter she was made to live with the first accused. On the basis of a complaint filed by her, a crime was registered under the above said sections. 3. Learned counsel for the petitioners submitted that the first accused and the defacto complainant aged 22 years, were in love with each other and they had married and the marriage certificate is Annexure B. It was a voluntary marriage and the photo graphs of the marriage taken from the temple premises B.A.6300 of 2008 2 produced as Annexure C will prove this fact. After the marriage, they were living together as husband and wife in the first accused's house. While so, the defacto complainant's father filed a complaint stating that his daughter is missing and she was produced along with the first accused before the police. The first accused was sent back. Thereafter the present complaint was filed making false allegations. The first accused filed a writ petition stating that the defacto complainant is allegedly detained by her parents and the writ petition was disposed of, since a statement was made that the detenue has moved the civil court for cancellation of the agreement of marriage etc. 4. Learned Public Prosecutor submitted that the petitioners may be directed to surrender before the Investigating Officer and on this condition, there is no objection in granting anticipatory bail to the petitioners. Hence, the following order is passed: 1. The petitioners shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation and B.A.6300 of 2008 3 make themselves available for interrogation. 2. In the event of their arrest, petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Arresting Officer 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 commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac