IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 2353 of 2010(B) ------------------------------------------ (CRIME NO. 517/2008 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT) .............................. PETITIONER/2ND ACCUSED: ----------------------------------------- USMAN PANDYALA, S/O.ABOOBACKER HAJJI, RESIDING AT PADANNA KADAPURAM P.P., PADANA KADAPURAM, KASARAGOD DISTRICT. BY ADVS. SMT.P.K.PRIYA, SRI.K.V.SREE VINAYAKAN. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O. HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 2353 of 2010 ----------------------------- Dated this the 26th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498-A read with Section 34 of the Indian Penal Code. According to prosecution, first accused and de facto complainant are husband and wife. De facto complainant was allegedly harassed by her husband and family members. First accused re-married and he is having children in the said relationship. 3. Learned counsel for petitioner submitted that petitioner is second accused, who is the brother of the first accused. Both sides agree that there is no serious allegation against petitioner. 4. On hearing both sides and on going through the documents, I am satisfied that petitioner can be granted anticipatory bail on the conditions. 5. Hence the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days B.A. No. 2353 of 2010 2 from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court. This petition is allowed. K. HEMA, JUDGE ln