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
