IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Bail Appl..No. 6624 of 2010() ----------------------------- CRIME NO.666/2010 OF MAVELIKKARA POLICE STATION PETITIONERS/ACCUSED-A1-A3 --------------------------------------------------- 1. HARIKUMAR, AGED 33 YEARS, S/O.SIVASANKARA PILLAI, PUTHENTHARYIL VEEDU, KALLUMALA MURI, THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. 2. SIVASANKARA PILLAI, AGED 70 YEARS, PUTHENTHARYIL VEEDU, KALLUMALA MURI, THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. 3. SOBANA, AGED 60 YEARS, W/O.SIVASANKARA PILLAI, PUTHENTHARYIL VEEDU, KALLUMALA MURI, THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI SRI.S.KRISHNALAL RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.6624 of 2010 .......................................... Dated: 22.10.2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.666/2010 of Mavelikkara Police Station for offences punishable under Sections 498A read with 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application, contenting, inter alia, that the marriage between the de facto complainant and the 1st accused was solemnised only on 7.9.2009. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on 8.11.2010 or on 9.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The 1st petitioner shall thereafter be produced before the Magistrate who on being satisfied that the 1st petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. 4. After interrogation, petitioners 2 and 3 shall be produced before the Magistrate concerned who on being convinced that petitioners 2 and 3 have been interrogated by the police, shall B.A.No.6624 /2010 -:2:- release petitioners 2 and 3 on bail on each of them executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:- 1. Petitioners 2 and 3 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners 2 and 3 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners 2 and 3 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners 2 and 3 shall not commit any offence while on bail. If Petitioners 2 and 3 commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj