IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2477 of 2009 CRIME NO.272/2009 OF NEYYATTINKARA POLICE STATION PETITIONERS/ACCUSED 1-5 ------------------------------------------- 1. JAYAKUMAR, S/O.N.VISHWANATHAN NAIR, AGED 34 YEARS, VISHWAVILASOM, MALAYILTHOTTAM, VADAKARA, MARAYAMUTTAM P.O.,PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. DEVAMMA, W/O.N.VISHWANATHAN NAIR, AGED 63 YEARS, VISHWAVILASOM, MALAYILTHOTTAM, VADAKARA, MARAYAMUTTAM P.O.,PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 3. N.VISHWANATHAN NAIR, AGED 66 YEARS, VISHWAVILASOM, MALAYILTHOTTAM, VADAKARA, MARAYAMUTTAM P.O.,PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 4. SREEKALA, D/O.N.VISHWANATHAN NAIR, AGED 36 YEARS, VISHWAVILASOM, MALAYILTHOTTAM, VADAKARA, MARAYAMUTTAM P.O.,PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 5. SREEJA V.NAIR, D/O.N.VISHWANATHAN NAIR, AGED 27 YEARS, VISHWAVILASOM, MALAYILTHOTTAM, VADAKARA, MARAYAMUTTAM P.O.,PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (THROUGH SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2477 OF 2009 B ------------------------------------------------------ Dated this the 26th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.272 of 2009 of the Neyyattinkara Police Station. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons demanded dowry and harassed the de facto complainant. The marriage between the de facto complainant and the first petitioner took place on 18.5.2008. The complaint was filed on 23.4.2009. On 10.11.2008, the first petitioner had filed O.P.(HMA) No.1217 of 2008 before the Family Court, Thiruvananthapuram. That was preceded by Annexure A1 notice dated 21.10.2008. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a B.A. NO. 2477 OF 2009 :: 2 :: direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner shall report before the investigating officer between 1 P.M. and 4 P.M. on alternate Saturdays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; B.A. NO. 2477 OF 2009 :: 3 :: f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/