IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 269 of 2009()
1. ARAVINDHAKSHA KURUP, AGED 60 YEARS,
... Petitioner
2. VINOD A, AGED 27 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.PAUL MATHEW (PERUMPILLIL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/02/2009
O R D E R
K.HEMA, J.
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B.A.No.269 of 2009
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Dated this the 4th February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 498A of the
Indian Penal Code. Petitioners are accused 2, 3 and 1, who are
father-in-law, mother-in-law and husband of de facto
complainant. According to prosecution, petitioners were
harassing de facto complainant ever since the marriage
demanding more money and dowry, after already
misappropriating money and gold given to her at the time of
marriage.
3. Learned counsel for petitioner submitted that
petitioners are innocent of the allegations made. The
marriage between first accused and de facto complainant took
place on 16.3.2008. The first accused is a Manager of an
Insurance Company. Thereafter, the parties were living hapily
in the house. But, de facto complainant did not conceive.
Therefore, she was taken to a doctor for consultation and as
per Annexure-I dated 1.10.2008, both parties had consultation
BA.269/09 2
with the doctor, when she was having urinary track infection
and the medical record reveals that both of them expressed
their desire to conceive. Just after one month, de facto
complainant was taken away by her parents by force on
8.12.2008 and she was detained in her parental house.
First accused moved a petition for habeas corpus and
when de facto complainant appeared before the court, she
stated that first accused is mad and that she was not detained
by any person etc. She was therefore, allowed to go with the
parents. Thereafter, first accused attempted to commit suicide
on two occasions. Annexure-II is a document issued by the
doctor relating to this, which shows that on 21.12.2008, she
attempted to commit suicide by cutting the vein and thereafter
by hanging and both attempts were futile. First accused was
also reportedly found to be depressed.
4. Learned counsel for petitioners also submitted that the
allegations that there was demand of dowry is absolutely
incorrect. In fact, various amounts were deposited in the
Insurance Company in the name of de facto complainant and
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also in the name of first accused and also by showing de facto
complainant as the nominee. Annexures 3 to 13 would prove
this fact. But, after filing of the habeas corpus petition and
disposal of the same, a private complaint is filed by de facto
complainant making false allegation, it is submitted. According
to petitioners, the only reason for the marital disharmony is
that de facto complainant was not able to conceive after the
marriage.
5. Learned Public Prosecutor submitted that as per the
allegations in the complaint, de facto complainant was beaten
up and was taken to her house on an earlier occasion and first
accused is stated to be mentally sick and she cannot live with
the first accused etc.
6. On hearing both sides, considering the various facts
submitted by learned counsel for petitioner, which are
supported by documents also, and on a prima facie satisfaction
of the relevant facts, I find that anticipatory bail can be
granted to petitioners and hence, the following order is
passed:
BA.269/09 4
Petitioners 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 sureties each for the like sum to the
satisfaction of the Magistrate Court concerned, on
the following conditions:
i) Petitioners shall report before the investigating
officer as and when directed.
iii). Petitioner shall not tamper with evidence or
influence the witnesses or intimidate them or
commit any offence while on bail.
Petition is allowed.
K.HEMA, JUDGE
vgs.