IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2155 of 2010() --------------------------------------- CRIME NO.196/2010 OF PANDALAM POLICE STATION, PATHANAMTHITTA DIST. .................... PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------------- 1. SHAN MAMMEN JOHN, S/O.K.M.JOHN, AGED 36 YEARS, "HIS GRACE", GANDHI NAGAR, T.K.D.ROAD, MUTTADA, THIRUVANANTHAPURAM. 2. K.M.JOHN, S/O.K.T.MAMMAN, AGED 72 YEARS, "HIS GRACE", GANDHI NAGAR, T.K.D.ROAD, MUTTADA, THIRUVANANTHAPURAM. 3. ANNAMMA JOHN, W/O.K.M.JOHN, "HIS GRACE", GANDHI NAGAR, T.K.D.ROAD, MUTTADA, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT. PLEADER SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2155 OF 2010 ----------------------------------- Dated this the 27th day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. The alleged offences are under sections 498 A, 406 r/w 34 IPC. According to prosecution, defacto complainant and first petitioner were married. While they were living together, first accused physically and mentally harassed defacto complainant. First accused was having affair with a lady lecturer in the same college in which he was working and he used to frequent the apartment of the first accused. When this affair was questioned he started harassing her. She was also beaten up severely and the neighbors rushed to the scene and rescued her. Because of the torture she had consultation with the psychologist and psychiatrist. The husband and relatives were asked by the experts not to torture her. Second and third accused are father- in- law and mother-in -law. They also joined first accused in harassing her. 3. Learned counsel for petitioner submitted that 19 documents are produced to establish innocence of the petitioner. It is not correct to say that petitioners have misappropriated any B.A. No.2155/10 2 amount. Going by the documents, it is established that she had taken money by herself for giving capitation fee in the college. Defacto complainant has some psychiatric problems and she was referred to the psychiatrist and the evidence is also produced. First accused filed a petition for divorce and hence defacto complainant filed false complaint U/s.498 A IPC, it is submitted. 4. This petition is strongly opposed. Learned counsel for defacto complainant and public prosecutor were also heard. It is submitted by learned counsel for defacto complainant that defacto complainant is a rank holder in SSLC and Pre-Degree course. She is a postgraduate in Dental Surgery and she is working as a lecturer. She is not having any psychiatric problem as alleged. But she had consulted a psychiatrist when the torture from the husband and family members became severe. Some of the Some documents produced in this case are fabricated. It is also pointed out hat the medical report will not show that defacto complanant had any psychiatric problem. 5. Learned public prosecutor submitted that there are no serious allegations against 2nd and 3rd petitioners, but allegation made against them are general in character. He had no objection in granting bail to second and third accused. But as far as first B.A. No.2155/10 3 accused is concerned, there are serious allegations against him and it may not be proper to grant bail to him. 6. On hearing both sides and going through the complaint I find that there are serious allegations against first accused and I am not inclined to grant anticipatory bail to first accused. 2nd and 3rd accused can be granted anticipatory bail on condition. Hence the following order is passed: 1. Request for anticipatory bail by first accused is rejected. He shall surrender before the investigating officer and co-operate with investigation forthwith. 2. Petitioners 2 and 3 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 securities each for the like amount to the satisfaction of the learned Magistrate on the following conditions: i) They will co-operate with investigation. ii) they will not influence or intimidate any witness or tamper with evidence. B.A. No.2155/10 4 iii) 2nd and 3rd accused shall surrender their passport before the Magistrate court concerned within seven days from today. This petition is partly allowed. K. HEMA, JUDGE. Sou.