IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5406 of 2008() ---------------------------- (CRIME NO. NOT KNOWN -KOOTHATTUKULAM POLICE STATION) PETITIONER/ACCUSED ----------------------------------- 1. P.K. PHILIP, AGED 45 YEARS, S/O. KURIAN, UZHAVOOR VILLAGE, UZHAVOOR KARA, UZHAVOOR P.O., KOTTAYAM DISTRICT 2. SHERLY PHILIP, AGED 42 YEARS, UZHAVOOR VILLAGE, UZHAVOOR KARA, UZHAVOOR P.O., KOTTAYAM DISTRICT. 3. SANTHOSH JOSE, AGED 38 YEARS, S/O. JOSE, ANAKUTHIKKAL VEEDU, KUTHATTUKULAM VILLAGE, KOOTHATTUKULAM KARA, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ARJUN SREEDHAR SRI.S.ANISH RESPONDENTS: 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 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No.5406 of 2008 ----------------------------------------------- Dated this the 29th day of August, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 498-A IPC. On a complaint filed by the de facto complainant alleging harassment, a crime is registered against the petitioners under Section 498-A IPC. The 2nd and 3rd petitioners are sister-in-law and brother-in-law respectively of the de facto complainant. The first petitioner is the husband of he 2nd petitioner. 3. Learned counsel for the petitioner submitted that de facto complainant and her husband are residing separately from 2005 onwards. The relationship between them is irretrievably broken. A petition is filed by the de facto complainant before the Family Court as M.C.No.198/2005 in the year 2005. Annexure-I is the copy of he petition. An ex parte order was passed against the husband. Thereafter, the de facto complainant's husband filed 2 Annexure-II petition for divorce which is numbered as O.P.No.706 of 2008 before the Family Court. On filing of the petition for divorce, a false complaint has been lodged by the de facto complainant against the relatives of the husband, it is submitted. They are not residing in the family house and the allegations made against them are absolutely false, it is submitted. 4. Learned Public Prosecutor submitted that the de facto complainant's husband is the first accused and allegations are made to the effect that all the accused have ill-treated the de facto complainant and an offence under Section 498A is made out. 5. On hearing both sides, considering the facts stated above, I find that anticipatory bail can be granted to the petitioners and the following order is passed: i) Petitioners shall surrender before the Magistrate within 7 days from today and if any 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: 3 i) Petitioners shall report before the investigating officer as and when directed. ii) Petitioners shall make themselves available for interrogation by the investigating officer. iii) Petitioners shall co-operate with the investigation. iv) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.