IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 2996 of 2010() ----------------------------- (CRIME NO.531/2010 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT) PETITIONERS/ACCUSED A1 TO 5 ----------------------------------------------- 1. ANEESH, AGED 24 YEARS, S/O. KHALID, ANEESH MANZIL, VAYALA, KOTTUKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 2. KHALID, AGED 50 YEARS, ANEESH MANZIL, VAYALA, KOTTUKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 3. JUBAIRIYA BEEVI, AGED 45 YEARS, ANEESH MANZIL, VAYALA, KOTTUKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 4. BEENA, W/O. SHAMSUDEEN, ANEESH MANZIL, VAYALA, KOTTUKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 5. SHAMSUDEEN, ANEESH MANZIL, VAYALA, KOTTUKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SMT.GISA SUSAN THOMAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2996 OF 2010 -------------------------------- Dated this the 8th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 498(A) r/w 34 IPC. According to prosecution, the first accused married de facto complainant on 01/11/2007 and she was physically and mentally tortured by her husband and his near relatives demanding more dowry etc. 3. Learned counsel for the petitioner submitted that there is an allegation that the second accused received Rs.1,00,000/- from de facto complainant on 28/11/2007. But the passport details will show that he was abroad at that time. After the marriage first accused had gone abroad and petitioners have not committed any offence as alleged. 4. Learned Public Prosecutor submitted that there are serious allegations against first accused and his bail is opposed. But, so far as other accused are considered, there are only general allegations, and hence, he has no objection in granting anticipatory bail to petitioners 2 to 5. 5. On hearing both sides, considering the submissions made by learned Public Prosecutor, I find that anticipatory bail can be granted to petitioners 2 to 5. But, I am not inclined to grant B.A No.2996 OF 2010 2 anticipatory bail to first accused considering the serious nature of the allegations made. Hence, the following order is passed. (1) Request for anticipatory bail by the first accused is rejected. (2) Accused Nos. 2 to 5 shall surrender before the Magistrate Court concerned within seven days from today. (3) On such surrender, accused Nos. 2 to 5 shall be released on bail on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) They shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) They shall not influence or intimidate any witnesses or tamper with any evidence. (iii) In case they involved in any similar offence, bail is liable to be cancelled. Petition is allowed. K.HEMA JUDGE vdv