IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 3376 of 2008() ----------------------------- OP.257/2007 of FAMILY COURT,THRISSUR CRIME NO.224/08 OF MALA POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 3 -------------------------------------- 1. AGILAN, S/O. O.N.RAMAN, AGED 40 YEARS OALIPARAMBIL HOUSE, ASHTAMICHIRA P.O. THRISSUR DISTRICT 2. O.N.RAMAN, S/O.LATE NAGAN, AGED 66 RETIRED SCHOOL TEACHER OALIPARAMBIL HOUSE, ASHTAMICHIRA P.O. THRISSUR DISTRICT 3. SARADA, AGED 64, W/O.RAMAN OALIPARAMBIL HOUSE, ASHTAMICHIRA P.O. THRISSUR DISTRICT BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE MALA POLICE STATION, THRISSUR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, COCHIN-682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3376 of 2008 ----------------------------------------- Dated this the 13th October, 2008 O R D E R This petition is for anticipatory bail. 2. On a complaint lodged by the de facto complainant, a crime was registered against petitioners 1 to 3 (accused 1 to 3) under Sections 498A, 406 and 324 read with 34 of Indian Penal Code. Accused are the husband and parents-in-law of the de facto complainant. According to prosecution, the de facto complainant was physically and mentally harassed by petitioners demanding dowry. The marriage took place on 6.9.2004. 3. Learned counsel for petitioners submitted that a petition is filed by the de facto complainant before the Family Court for return of gold ornaments and money. This case was referred to the Lok Adalat for settlement. First accused was prepared to pay a substantial amount, but the de facto complainant was not prepared to accept the same. The petitioners are willing to settle the issue between the parties. BA.3376/08 2 But, in case they are sent to jail, the settlement chances will be fizzled out, it is submitted. Admittedly, the parties are living separately from 16.3.2006 onwards. 4. Learned Public Prosecutor submitted that there are allegations of cruelty against the first accused, but as far as the second and third accused concerned, there is no specific allegations against them. On hearing both sides, I find that anticipatory bail can be granted on conditions. Hence, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned within seven days from today and if bail application is filed, 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 not influence or intimidate any witness or commit any offence while on bail. ii) First petitioner shall produce F.D receipt for Rs.1,00,000/- drawn in the name of the de facto BA.3376/08 3 complainant before the Magistrate Court within 15 days from today (this condition applies only to the first accused). Petition is allowed. K.HEMA, JUDGE vgs.