IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 2870 of 2011() --------------------------------------- CRIME NO.376/2011 OF PUNALUR POLICE STATION, KOLLAM DISTRICT ........ PETITIONERS/ACCUSED NO.2 & 3 ------------------------------------------------ 1. GOPINATHAN, AJI BHAVAN, KARAVALOOR. 2. SAVITHRI, W/O.GOPINATHAN, AJI BHAVAN, KARAVALOOR. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, KOLLAM DISTRICT.691 312. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No.2870 OF 2011 --------------------------------------- Dated this the 17th day of May, 2011 ORDER Petitioners are accused Nos.2 and 3 in Crime No.376/2011 of Punalur Police Station. It was registered under Section 498 (A) of IPC. This application is for pre-arrest bail. It is alleged that the petitoners had demanded more money as dowry and thereby caused mental torture to the defacto complainant. 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 within one week 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 are arrested they shall be released on bail on their executing a bond for Rs25,000/- with two solvent sureties for the like sum. If in B.A.No.2870/11 2 case the Magistrate has doubt about 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 make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. 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 Magistrate. iii. The accused will also file an affidavit that hey 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. iv. The accused and the sureties shall not leave the jurisdiction of that Court without the prior permission of the learned Magistrate. B.A.No.2870/11 3 v. 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. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE acd B.A.No.2870/11 4 B.A.No.2870/11 5