IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Bail Appl..No. 4973 of 2008(F) ----------------------------- (CRIME NO. 312/2008 OF THE MALA POLICE STATION) PETITIONERS/ACCUSED : --------------------- 1. BALAN, AGED 70 YEARS, S/O.AYYAPPAN, CHERIA PARAMBIL HOUSE, CHEMBALOOR DESOM, KALLOOR VADAKKUMURY VILLAGE, MUKUNDAPURAM TALUK. 2. AMMINI, AGED 65 YEARS, W/O.KUTTAN, CHERIA PARAMBIL HOUSE, PARAKOOTTAM DESOM, ANNALLOOR VILLAGE, MUKUNDAPURAM. 3. DEVAKY, AGED 60 YEARS, W/O.VELAYUDHAN, CHERIA PARAMBIL HOUSE, PARAKOOTTAM DESOM, ANNALLOOR VILLAGE, MUKUNDAPURAM. BY ADV. SRI.K.DIVAKARAN RESPONDENT: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4973 OF 2008 ------------------------------ Dated this the 8th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 498A read with Section 34 IPC. The petitioners are father-in-law and sisters-in- law of the defacto complainant. According to the prosecution, the petitioners allegedly harassed the defacto complainant after her marriage, while she was residing in the matrimonial house. 3. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail to the 2nd and 3rd petitioners, who are sisters-in-law, on condition that they will make themselves available for interrogation. However, in the case of the 1st accused, he has strong objection, since the allegations made against him are shocking. He allegedly tied up defacto complainant and restrained her thereby and committed rape on another woman in front of her. On hearing both sides, I am satisfied that the 2nd and 3rd petitioners can be granted anticipatory bail on conditions but it is B.A.4973/2008 2 not proper to grant anticipatory bail to the 1st petitioner and the following order is passed: 1. The prayer for anticipatory bail by the 1st petitioner is rejected. 2. The petitioners 2 and 3 are directed to appear before the Investigating Officer within 7 days form today and make themselves available for interrogation. 3. Thereafter in the event of their arrest, if any, they will be released on bail on their executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on condition that they will report before the Investigating Officer as and when directed and co-operate with the investigation. The petition is partly allowed. K.HEMA, JUDGE pac