IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3355 of 2011() ----------------------------- CRIME NO.211/2011 OF VIDYANAGAR POLICE STATION PETITIONERS : ACCUSED NOS.1 TO 4 --------------------------------------------------------- 1. K.THAMBAN NAIR,AGED 36,S/O.M.KANNAN NAIR MAHALAKSHMIPURAM,CHATTANCHAL,THEKKIL VILLAGE AND POST, KASARGOD DISTRICT. 2. M.KANNAN NAIR,AGED 74, MAHALAKSHMIPURAM CHATTANCHAL,THEKKIL VILLAGE AND POST, KASARGOD DISTRICT. 3. K.KARTHYAYANI,AGED 65, W/O.M.KANNAN NAIR MAHALAKSHMIPURAM,CHATTANCHAL,THEKKIL VILLAGE AND POST, KASARGOD DISTRICT. 4. K.RADHAMANI,D/O.M.KANNAN NAIR, MAHALAKSHMIPURAM,CHATTANCHAL,THEKKIL VILLAGE AND POST, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- STATE OF KERALA REP.BY STATION HOUSE OFFICER,VIDYANAGAR POLICE STATION, KASARGOD DISTRICT REPRESENTED THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ------------------------------- B.A.No.3355 of 2011 --------------------------------- Dated this the 20th day of May, 2011 ORDER Petitioners are the accused in Crime No.211 of 2011 of Vidyanagar Police Station. It was registered under Section 498(A) read with Section 34 IPC. This application is for pre- arrest bail. 2. The allegation against the petitioners is that the petitioners subjected the de facto complainant to physical and mental cruelties demanding dowry. 3. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. Considering all the aspects the following directions are issued. 4. The petitioners shall surrender before the learned Magistrate within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail applications in accordance with law. In the meanwhile, if the petitioners are arrested they shall be released on bail on B.A.No.3355/2011 2 their executing a bond for ` 50,000/- each with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat B.A.No.3355/2011 3 or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the court concerned without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE csl