High Court Kerala High Court

Madhu vs State Of Kerala Represented By The on 21 May, 2010

Kerala High Court
Madhu vs State Of Kerala Represented By The on 21 May, 2010
       

  

  

 
 
  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.
                          ------------------
                      B.A. No. 2219 of 2010
                     -----------------------------
               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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