IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6783 of 2008() ----------------------------- OP.78/2008 of FAMILY COURT,ERNAKULAM CRIME NO.998/2008OF PANANGODU POLICE STATION PETITIONERS:- ------------------------------- 1. DHARMARAJAN ,S/O.GOVINDAN, THARAYATH, MARADU. 2. GOKULAN, 62 YEARS, S/O.GOVINDAN THARAYATH ,MARADU. 3. RAGHUVARAN, OTTANATH HOUSE MEKKARA, PUTHIYAKAVU, ERNAKULAM. 4. SATHI RAGHUVARAN, OTTANATH HOUSE MEKKARA, PUTHIYAKAVU, ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6783 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 406 and 498A read with section 34 IPC. According to prosecution, 1st accused is the husband of de facto complainant and petitioners are his close relatives. They in furtherance of common intention allegedly ill-treated de facto complainant, mentally and physically harassed her and misappropriated gold ornaments and money. 3. Learned counsel for petitioners submitted that the marriage took place on 6-5-2007 and as early as on 16-1-2008, a petition was filed for divorce by de facto complainant alleging impotency. She is aggrieved, since the alleged impotency was suppressed by petitioners. The 1st accused is contesting the divorce petition and hence, this petition is filed arraying all his near relatives as the accused, stating that they were supporting him for suppressing the impotency. It is also submitted that there are only general allegations against petitioners. 4. Learned Public Prosecutor submitted that 1st accused BA 6783/08 -2- was already arrested and there are only general allegations against petitioners and hence, he has no objection in granting anticipatory bail, but they may be directed to surrender before the Investigating Officer. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners and hence, the following order is passed:- (1) Petitioners shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation and in the event of their arrest, they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioners shall not intimidate or influence any witness or tamper with BA 6783/08 -3- evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.