IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3384 of 2008() --------------------------------------- CRIME NO.512/2008 OF PALARIVATTOM POLICE STATION ..... PETITIONERS : ----------------- 1. JAYADEVAN.T.V, S/O.VASU, AGED 33 YEARS, RESIDING AT THEKKE ALUNKAL VELIYIL, VADUTHALA JETTY.P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. PANKAN, S/O.VASU, AGED 38 YEARS, RESIDING AT THEKKE ALUNKAL VELIYIL, VADUTHALA JETTY.P.O., CHERTHALA, ALAPPUZHA DISTRICT. 3. SUKUMARI, W/O.PANKAN, AGED 34 YEARS, RESIDING AT THEKKE ALUNKAL VELIYIL, VADUTHALA.P.O, CHERTHALA, ALAPPUZHA DISTRICT. 4. SUBHA, D/O.VASU, GED 42 YEARS, RESIDING AT CHILAMBASSERIL, VADUTHALA JETTY.P.O.,CHERTHALA, ALAPUZHA DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA,J ====================== B.A.No.3384 of 2008 ========================= Dated this the 27th day of May, 2008 ORDER This application is filed under Section 438 Cr.P.C. This is a petition for anticipatary bail filed under Section 438 of Code of Criminal Procedure for the offences punishable under Section 498-A IPC read with Section 34 IPC. First petitioner is the husband and petitioners 2 to 4 are the close relatives of the first petitioner. They allegedly ill-treated and harassed the wife of the first petitioner and hence she filed a complaint before the Magistrate Court which was forwarded to the police for investigation and a crime was registered. Learned counsel appearing for the petitioner submitted that their marriage life ended in ten days. An agreement was also executed between the parties, copy of which is produced as Annexure A1. The entire matter was settled. Ornaments were returned and they decided to divorce. But subsequently it is learnt that the defacto complainant filed a complaint before the Women's Commission and also before the Magistrate Court. First petitioner and his wife lived together only for ten days and there was no occasion for harassing her. The matter in relationship grow only because of incompatibility. Learned public prosecutor on instructions submitted that the petitioner can be granted anticipatory bail with stringent conditions making the petitioners available for interrogation as and when required. I am satisfied that the same course can be adopted and accordingly the following order is passed. 1)the petitioners shall surrender before the Investigating Officer on 3.6.2008 between 10 a.m to 1 p.m and make themselves available for interrogation. After interrogation the petitioner shall be produced before the concerned Magistrate Court. 2)On production of the petitioners, the magistrate shall release the petitioners, on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court. 3)The petitioners shall report before the investigating officer as and when directed by him. 4)Petitioners shall not threaten or influence witnesses or tamper with the evidence. The petition is allowed. K.HEMA,JUDGE dvs