IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 2881 of 2011() ----------------------------- PETITIONERS/ACCUSED -------------------------------------- 1. BIJI CHACKO, AGED 35 YEARS, PUNTHALATHU PUTHEN VEEDU, ERUVA VADAKKU, MAVELIKKARA. 2. GIJI MADHU, AGED 30 YEARS, W/O.MADHU P.JOHN, PUNNORATH HOUSE, THUMPAMON.P.O., PATHANAMTHITTA DISTRICT. 3. MADHU P.JOHN, AGED 33 YEARS, PUNNORATH HOUSE, THUMPAMON.P.O., PATHANAMTHITTA DISTRICT. 4. GHEE VARGHESE MATHEW, AGED 52 YEARS, SHIBI VILLA, MUZHANGODIYAL, MUTTOM.P.O., HARIPAD. 5. M.OOMMEN, AGED 60 YEARS, MUZHANGODIYAL, MUTTOM.P.O., HARIPAD. 6. M.CHACKO, MUZHANGODIYAL BIJI VILLA, MUTTOM.P.O., HARIPAD. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PP SMT.K MEERA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ------------------------------------- BA No.2881 of 2011 ------------------------------------- Dated this the 13th day of May 2011 Order Petitioners are the accused Nos.4 to 7, 9 and 2 in Crime No.41/2011 of Chevayur Police Station. It was registered under Section 498A IPC. The allegation is that the de facto complainant was subjected to physical and mental cruelty by the petitioners. The first accused, who is the husband of the de facto complainant, has not filed any bail application. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. Considering all the aspects, the following directions are issued. 3. The petitioners shall surrender before the learned Magistrate, having jurisdiction over the area, within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail applications in accordance with law. In the meanwhile, if the petitioners BA 2881/11 2 are arrested they shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum. In case the Magistrate has any doubt regarding the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: i. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the learned Magistrate. ii. The accused will also file an affidavit to the effect that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. BA 2881/11 3 iii. The accused and the sureties shall not leave the jurisdiction of the competent court, without the prior permission of the learned Magistrate. iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. v. Petitioners will furnish the correct residential address and should also make available land phone/mobile number or any other contact number. The petitioners shall not shift their residence without intimating the Investigating Officer and the learned Magistrate. vi. The petitioner shall also file an affidavit attested by the concerned officer of the Embassy to the effect that they will appear before any court, if the case is charge sheeted by the police and summons is issued to them. Such an affidavit shall be filed within one month from today. N.K.Balakrishnan, Judge sta BA 2881/11 4 BA 2881/11 5