IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 3279 of 2010() ----------------------------- (CRIME NO.226/2010 OF KOLLAM WEST POLICE STATION) CRMP.1092/2010 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER ------------------------------ BINDHU RAJ, AGED 39 YEARS, W/O.RAJENDRAN, RESIDING AT MAMMOTHIL, RAGAM, KOTTARAM NAGAR, KOLLAM. BY ADV. SRI.HARISH GOPINATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 3279 of 2010 --------------------------------------------------- Dated this 19th day of July, 2010. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 498A, 294(b) and 506(ii) of the IPC. According to prosecution, petitioner (A2) and first accused, in furtherance of common intention, harassed de facto complainant, who is the wife of first accused. First accused sent obscene SMS to the near relatives of de facto complainant and also criminally intimidated her. It was done at the instigation of petitioner(second accused), who is the sister- in-law. 3. Learned counsel for petitioner submitted that de facto complainant has not made any allegation about the involvement of petitioner in the offence, when she filed a complaint before the Superintendent of Police. It was based on the said complaint that F.I.R. was registered in this case. It was subsequent to the registration of crime and during investigation that petitioner is also included in the array of of accused. The [B.A.No.3279/2010] 2 present allegation is that and it was at her instance that the offences were committed by first accused. 4. Learned Public Prosecutor submitted that petitioner's involvement is disclosed only at a later stage. In the complaint given given by de facto complainant to the Superintendent of Police, no allegations were made against petitioner. There is no allegation of physical assault against petitioner, who is the sister-in-law of de facto complainant. Hence, he has no objection in granting anticipatory bail to petitioner on conditions. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed: (1) Petitioner shall, in the event of her arrest, be released on bail on her executing bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that she will appear before the investigating officer as and when directed and co-operate with the investigation. [B.A.No.3279/2010] 3 (2) This order will be in force only for a period of 20 days. In the meantime, petitioner shall seek regular bail from the court concerned. Petition is allowed. K. HEMA, JUDGE. Krs.