IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 Bail Appl..No. 2174 of 2010(B) ----------------------------- CRIME NO.346/10 OF KODUNGALLUR POLICE STATION, THRISSUR .................... PETITIONERS/ACCUSED: ---------------------------------------- 1. SMIJU, AGED 26 YEARS, S/O.PEETHAMBRANA, THEVALIL HOUSE, AZHEEKOD VILLAGE, LIGHT HOUSE DESOM, KODUNGALLUR. 2. INDIRA, AGED 50 YEARS, W/O.PEETHAMBARAN THEVALIL HOUSE, AZHEEKOD VILLAGE, LIGHT HOUSE DESOM, KODUNGALLUR. 3. SMITHA, AGED 29 YEARS, W/O.STALIN KUMAR, VADAKKETHIL PARAMBIL HOUSE, ANNAMANADA VILLAGE, KODUNGALLUR. BY ADV. SRI.K.V.SABU RESPONDENT : COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. --------------------------------------- Bail Application No.2174 of 2010 --------------------------------------- Dated this the 20th day of April, 2010 O R D E R Petitioners who seek pre-arrest bail are accused in Crime No.346 of 2010 of Kodungallur Police Station in which the offence involved are 341, 323, 498 A and 315 r/w 34 I.P.C. 2. The 1st petitioner is the husband of the victim. The allegation against the petitioners is that connected with demand for dowry, there was frequent quarrel and the victim was subjected to harassment, both mentally and physically. The defacto complainant at the time of the incident was 3 months pregnant. According to the prosecution, on 14.03.2010 at about 4.45 p.m, the 1st petitioner beat on the victim's cheeks forcibly and thereby the pinna of her ear was detached and she was also kicked and stamped. The specific allegation against the 1st petitioner is that when the victim fell on the ground, the 1st petitioner by sitting on her abdomen pressed on her neck and when she cried, the neighbours rushed to the spot and only thereafter the 1st petitioner released the victim from his Bail A.No.2174 Of 2010 -:2:- clutches. The allegation is very serious as far as the 1st petitioner is concerned. Going by the allegation, no serious overt act is alleged against the 2nd and 3rd petitioners, who are accused 2 and 3. 3. Having regard to the facts and circumstances involved in the case, I am of the view that the allegation against the 1st accused/1st petitioner is very serious and therefore I am not inclined to allow the petition in favour of the 1st petitioner, whereas against petitioners 2 and 3, who are accused 2 and 3, there is no overt act. Therefore I am of the view that the prayer in favour of petitioners 2 and 3 can be allowed. 4. In the result, the prayer for anticipatory bail with respect to the 1st petitioner is rejected. Whereas the prayer for anticipatory bail with respect to petitioners 2 and 3 is allowed. Accordingly, a direction is issued to the officer-in- charge of the police station concerned to release the petitioners 2 and 3 on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties Bail A.No.2174 Of 2010 -:3:- each for the like amount to the satisfaction to the said officer and subject to the following conditions: 1. Petitioners 2 and 3 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners 2 and 3 shall make themselves available for interrogation as and when required by the Investigating Officer. 3. Petitioners 2 and 3 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners 2 and 3 shall not commit any offence while on bail. 5. Petitioners 2 and 3 shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If petitioners 2 and 3 commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed in part as above. V.K.MOHANAN rtr/ JUDGE Bail A.No.2174 Of 2010 -:4:-