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Damodaran vs State Of Kerala Represented By The on 28 March, 2007

Kerala High Court
Damodaran vs State Of Kerala Represented By The on 28 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1841 of 2007()


1. DAMODARAN, S/O.SANKARAN,
                      ...  Petitioner
2. SANKARAN,
3. SANTHAN, D/O.SANKARAN,

                        Vs



1. STATE OF KERALA  REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :28/03/2007

 O R D E R
                             V.RAMKUMAR, J.

                             ----------------------------

                     Bail Application No. 1841/2007

                             -----------------------------

                   Dated this  28th day of March, 2007


                                   O R D E R

The petitioners, who are the husband, father-in-law

and sister-in-law of Omana, the defacto complainant, seek

anticipatory bail. The petitioners are accused Nos. 1 to 3 in

Crime No.158/2007 of Kottarakkara Police Station for offences

punishable under Sections 498-A and 494 IPC. The marriage

between the defacto complainant, Omana, and the first accused

took place on 10.2.2000. A child has been born in that wedlock.

The complaint of the defacto complainant is that from the eighth

month of the marriage onwards, she has been ill-treated and

harassed by the petitioner with demands of dowry and the

petitioner has subsequently contracted another marriage with

one Radha.

2. After hearing both sides and considering the facts and

circumstances of this case, I am inclined to grant anticipatory

bail to the petitioners 2 and 3 (accused Nos. 2 and 3).

3. Accordingly, a direction is issued to the Investigating

Officer to release the petitioners 2 and 3 (accused Nos. 2 and 3)

on bail for a period of one month in the event of their arrest in

B.A.1841/2007

2

connection with the above case on each of them executing a

bond for Rs. 10,000/- (Rupees ten thousand only) with two

solvent sureties each for the like amount to the satisfaction to

the Investigating officer and subject to the following conditions:

(a). The second petitioner (second accused)

shall report before the Investigating Officer

between 9 a.m. and 11 a.m. on all

Wednesdays.

(b). Petitioners 2 and 3 (accused Nos. 2 and

3) shall make themselves available for

interrogation as and when required by the

Investigating Officer.

(c). Petitioners 2 and 3 (accused Nos. 2 and

3) shall not influence or intimidate the

prosecution witnesses nor shall they attempt

to tamper with the evidence for the

prosecution.

(d). Petitioners 2 and 3 (accused Nos. 2 and

3) shall not commit any offence while on

bail.

(e). Petitioners 2 and 3 (accused Nos. 2 and

3) shall surrender before the Magistrate

B.A.1841/2007

3

concerned and seek regular bail in the

meanwhile.

4. If the petitioners 2 and 3 (accused Nos. 2 and 3)

commit breach of any of the above conditions, the bail granted

to them shall be liable to be cancelled.

5. In the case of the first petitioner, who is the husband

of Omana, the defacto complainant, he shall surrender before

the Investigating Officer for interrogation and his application

for regular bail shall, thereafter, be considered by the

Magistrate having jurisdiction.

6. Accordingly, the first petitioner (first accused) is

directed to surrender before the Investigating Officer on any day

between 2.4.2007 and 4.4.2007 for the purpose of interrogation.

He shall, thereafter, be produced on the same day before the

concerned Magistrate who shall release him on bail on

appropriate conditions.

The application is partly allowed as above.

V.RAMKUMAR,

JUDGE

mrcs

B.A.1841/2007

4

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