IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 6786 of 2008() ----------------------------- CRIME NO.331/2008 OF THALASSERY POLICE STATION .................... PETITIONER : ACCUSED NO.2 ------------------------------------- C.K.SUBAIDA W/O.MAJEED, AGED 50 YEARS, RAHMATH MAZIL, P.O.NETTOOR, KUNNOTH, THALASSERY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA THROUGH THE SUB INSEPCTOR OF POLICE THALASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6786 of 2008 ----------------------------------------- Dated this the 14th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 120(B), 341, 343, 379, 384, 354, 506(ii) and 365 read with 34 of the Indian Penal Code. According to prosecution, de facto complainant married by first accused. A private complaint was filed by de facto complainant alleging that her husband, the mother-in-law and third accused hatched a criminal conspiracy to abduct de facto complainant, to commit theft etc. and in pursuance of this, third accused, who is the mother-in-law's sister's son abducted her and she was taken to several places. In the mean time, he also removed taken away her gold ornaments and money and under threat, he attempted to commit sexual intercourse with her.The private complaint filed by de facto complainant was forwarded under Section 156(3) Cr.P.C for investigation and a crime was registered against accused1 to 3. 3. Petitioner is second accused, who is the mother-in-law BA.6786/08 2 of de facto complainant. Learned counsel for petitioner submitted that de facto complainant was in love with third accused and she had an affair with third accused while first accused was in Gulf. She eloped with third accursed and the incident occurred when de facto complainant's husband was working abroad. On coming to know of this, he came to India. He made a complaint to the police and de facto complainant and third accused were traced out. She was questioned and was allowed to go to her parental house. Thereafter, a private complaint was filed by de facto complainant, making all these types of false allegations against petitioner, it is submitted. Hence, anticipatory bail may be granted to petitioner, it is submitted. 4. Learned Public Prosecutor submitted that as per the allegations, there is a case of abduction, criminal conspiracy, theft etc. Petitioner is the mother-in-law and it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the contentions raised, I think it fit to grant anticipatory bail on conditions. BA.6786/08 3 Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within 7 days from today and she shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.