IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 641 of 2007()
1. K.S.JAYAPRAKASH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.S.SUNIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :/ /
O R D E R
V. RAMKUMAR, J.
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B.A. Nos. 641 A and 698 B OF 2007
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Dated this the 9th day of February, 2007
O R D E R
The applicant in B.A. No.641/2007 is the first accused and
the applicants in B.A. No.698/2007 are accused Nos.2 to 4 in Crime
No.30/2007 of Ettumanoor Police Station registered for an offence
punishable under section 498A read with section 34 IPC. The first
accused is the husband of the de facto complainant, whom he had
married her on 26.1.1978, that is, about 29 years ago. According to the
de facto complainant, her husband is having an illicit relationship with
the second accused, who is also a married woman having her husband
and children and the first accused wanted to transfer the properties
standing in the names of the de facto complainant and the first accused
to his paramour, which was resisted by the de facto complainant.
Accordingly, on 16.1.2007 at about 2.30 a.m. accused Nos.1 to 4 are
alleged to have been trespassed into the house and assaulted the de
facto complainant with a view to force her to sign papers.
2. The learned Public Prosecutor as well as the counsel for
the petitioners and counsel appearing for the de facto
complainant/intervenor opposed the application.
BA.641 & 698/07
2
3. It is too early to accept the petitioners’ contention that the
petitioners have been falsely implicated by the de facto complainant.
Anticipatory bail cannot be granted in a case of this nature. There is no
reason why the petitioners should not surrender before the Magistrate
concerned and seek regular bail. Accordingly, if the petitioners
surrender before the Magistrate and file application for regular bail within
two weeks from today, the same shall be considered and disposed of,
preferably on the same date on which it is filed.
These bail applications are disposed of as above.
(V. RAMKUMAR, JUDGE)
aks