IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4737 of 2008() ----------------------------- OP.480/2008 of FAMILY COURT,KOZHIKODE CRIME NUMBER NOT KNOWN PETITIONERS/ACCUSED ----------------------------------- 1. P.SHAJI, AGED 40 YEARS, S/O.LATE DAMODARAN, ANGEL, PARAMBATH JUNCTION, KUNDUPARAMBA, KOZHIKODE. 2. RAJALAKSHMI, AGED 57 YEARS, S/O.LATE DAMODARAN, ANGEL, PARAMBATH JUNCTION, KUNDUPARAMBA, KOCHIKODE. 3. ROSHNI, S/O.LATE DAMODARAN, ANGEL, PARAMBATH JUNCTION, KUNDUPARAMBA, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT: COMPLAINANT & STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4737 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under section 498A IPC. According to the prosecution, the marriage between the defacto-complainant and the 1st petitioner took place on 10-4-2008 and thereafter defacto-complainant was ill-treated by the petitioners who are husband, mother-in-law and sister-in- law. 3. Learned counsel for the petitioners submitted that the consent for the marriage was obtained by mis-representation and fraud. The defacto- complainant represented that she was only 27 years and she was having M.Sc. Degree with computer knowledge, but later it was understood that she was elder than the 1st petitioner and she failed in the 10th Standard. Therefore, the 1st petitioner moved a petition before the Family Court for declaring the marriage between the 1st petitioner and the defacto- complainant as null and void and thereafter the complaint is falsely filed against the petitioners within about 2 ½ months of the marriage as a shield to protect her from the allegations made in the original petition. BA 4737/08 -2- 4. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioners on conditions. Hence, the following order is passed:- 1) Petitioners shall surrender before the Investigating Officer within seven days from today and make themselves available for interrogation. 2) Thereafter, in the event of their arrest, if any, they shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that they will co-operate with the investigation and appear before the Investigating Officer as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.