IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 7326 of 2008() -------------------------------- CRIME NO.630/2008 OF MEDICAL COLLEGE POLICE STATION ............................... PETITIONER/IST ACCUSED: ------------------------------------------ SHIBU, S/O.PETER JOSHWA, ATTAMPARAMBIL HOUSE, NEAR DESAPOSHINI COMMUNITY HALL, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7326 OF 2008 ------------------------------ Dated this the 3rd day of December, 2008 O R D E R The petition is for anticipatory bail. 2. The alleged offences are under Sections 498A, 323, 325 read with Section 34 of IPC. According to prosecution, petitioner (first accused) along with other family members were harassing defacto complainant and demanding more money and dowry and on 25.09.2008, first accused assaulted defacto complainant and she sustained bleeding injury to the ear. 3. Learned counsel for petitioner submitted that petitioner and defacto complainant were married in the year 2005 and they have a child in the wedlock. He is taking earnest efforts to settle the issues between the parties. The petitioner is also prepared to pay maintainance to defacto complainant. In fact no assault had taken place at the house but defacto complainant's brother, who had attacked her. If petitioner is arrested and detained, chances for settlement will be fizzled out and hence anticipatory bail may be granted B.A.7326 of 2008 2 to petitioner on any conditions as this court may please, it is submitted. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail by imposing conditions. On hearing both sides, I find that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed : 1. Petitioner shall surrender before the Investigating Officer within seven days from today and he shall make himself available for interrogation and co-operate with the investigation. 2. Petitioner shall be produced before the Magistrate court concerned in accordance with law and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: B.A.7326 of 2008 3 i. Petitioner shall report before the Investigating Officer as and when directed. ii. Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. iii. Petitioner shall deposit Rs.50,000/- in the name of the defacto complainant in any bank as fixed deposit for three years and produce Fixed Deposit Receipt before the Magistrate court within two months from today. The petition is allowed. K.HEMA, JUDGE pac