IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 2219 of 2010() ------------------------------------------ CRIME NO.317/2010 OF ADOOR POLICE SATION. ......... PETITIONER/ACCUSED NO.1&2 --------------------------------------------- 1. MADHU,SIVA VILASAM, THUVAYOOR VADAKKU, MANAKKALA, ADOOR 2. PODIYAN, SIVA VILASAM, THUVAYOOR VADAKKU, MANAKKALA, ADOOR. BY ADV. SRI. K.SHAJ RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 2219 of 2010 ----------------------------- Dated this the 21st day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498 A read with Section 34 of the Indian Penal Code. According to prosecution, de facto complainant was physically and mentally harassed by the petitioners, who are her husband and farther in law. 3. Learned counsel for petitioners submitted that petitioners have not committed any offence, but false complaint is filed. 4. Learned Public Prosecutor submitted that there are allegations against her husband, first accused which will constitute offence under Section 498 A of the Indian Penal Code but so far as the second accused is concerned, this petition is not opposed. 5. On hearing both sides I think that this is not a fit case to grant anticipatory bail to the first accused, but bail can be allowed in favour of second accused. B.A. No. 2219 of 2010 2 6. Hence the following order is passed. 1. Prayer for anticipatory bail by the first accused is rejected. 2. Second accused shall surrender before the Magistrate Court concerned within 7 days from today and he shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on the following conditions: i) He shall not influence or intimidate the witnesses or tamper with the evidence. ii) He shall co-operate with the investigation and report before investigating officer as and when directed. This petition is partly allowed. K. HEMA, JUDGE ln