IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2219 of 2010()
1. MADHU,SIVA VILASAM, THUVAYOOR VADAKKU,
... Petitioner
2. PODIYAN, SIVA VILASAM, THUVAYOOR
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :21/05/2010
O R D E R
K.HEMA, J.
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B.A. No. 2219 of 2010
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Dated this the 21st day of May, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 498 A read with
Section 34 of the Indian Penal Code. According to prosecution,
de facto complainant was physically and mentally harassed by
the petitioners, who are her husband and farther in law.
3. Learned counsel for petitioners submitted that petitioners
have not committed any offence, but false complaint is filed.
4. Learned Public Prosecutor submitted that there are
allegations against her husband, first accused which will
constitute offence under Section 498 A of the Indian Penal Code
but so far as the second accused is concerned, this petition is not
opposed.
5. On hearing both sides I think that this is not a fit case to
grant anticipatory bail to the first accused, but bail can be allowed
in favour of second accused.
B.A. No. 2219 of 2010 2
6. Hence the following order is passed.
1. Prayer for anticipatory bail by the first accused
is rejected.
2. Second accused shall surrender before the
Magistrate Court concerned within 7 days
from today and he shall be released on bail on
his executing a bond for Rs. 25,000/- with
two solvent sureties each for the like sum to
the satisfaction of the Magistrate Court on the
following conditions:
i) He shall not influence or intimidate
the witnesses or tamper with the
evidence.
ii) He shall co-operate with the
investigation and report before
investigating officer as and when
directed.
This petition is partly allowed.
K. HEMA, JUDGE
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