IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 6956 of 2008() ----------------------------- CRIME NO.769/08 OF THIRUVALLA POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. VINOD S/O. DIVAKARAN PUTHANUZHATHIL VEEDU, KIZHAKKENOTHERA MURI ERAVIPEROOR. 2. KAMALAMMA W/O. DIVADARAN -DO- -DO- BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESNTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6956 of 2008 ----------------------------------------- Dated this the 3rd December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 325, 498A and 34 of the Indian Penal Code. According to prosecution, petitioners are husband and mother-in-law of de facto complainant. The marriage between first accused and de facto complainant was solemnized on 3.3.2008 and she was working as Nurse. Soon after the marriage, accused were demanding money and dowry and harassing her. She was also assaulted by them and her tooth was loosened on 16.10.2008 and she was hospitalised. 3. Learned counsel for petitioners submitted that the allegations are false. De facto complainant married first accused only on account of pressure from her family members. Her father is a retired staff of the office of the Superintendent of Police and her brother is a Head Constable. The marital relationship is broken within seven months of marriage. De facto complainant was having love affair with one Dhaneesh 2 and she was not happy with first accused. 4. On 16.10.2008, two photographs of said Dhaneesh and a greeting card sent by him to de facto complainant were found out from her bag and when she was questioned about it, de facto complainant admitted that she had got her pregnancy aborted without the consent of first accused and she left the house. She was beaten up by her father, when this information was conveyed to him and she was hospitalised and a false complaint is lodged against petitioner to save the face of the family. If petitioners are arrested, they will be detained and harassed, it is submitted. 4. Learned Public Prosecutor denied the allegations and submitted that de facto complainant was assaulted by first accused and she was hospitalised also. The allegations regarding the love affair etc. have to be ascertained from de facto complainant. On hearing both sides, I am satisfied that suitable directions can be passed, failing which it is likely that petitioners will be arrested and detained in police custody and 3 they will suffer irreparable injury and loss. Hence, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioners shall report before the investigating officer as and when directed and co-operate with the investigation and make themselves available for interrogation. ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.