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SANTHOSH, AGED 27 YEARS versus STATE OF KERALA

High Court of Kerala

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SANTHOSH, AGED 27 YEARS v. STATE OF KERALA - Bail Appl No. 623 of 2007 [2007] RD-KL 2614 (5 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 623 of 2007()

1. SANTHOSH, AGED 27 YEARS,
... Petitioner

2. VISWANATHAN, AGED 63 YEARS,

3. SARASWATHY, AGED 52 YEARS,

4. SANDYA, AGED 22 YEARS,

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.S.SANAL KUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :05/02/2007

O R D E R

V. RAMKUMAR, J.

Bail Application No.623 of 2007

DATED: FEBRUARY 5, 2007

O R D E R

Petitioners seek anticipatory bail on the allegation that they have been arrayed as accused Nos.1 to 4 in Crime No.489/2006 of Harippad Police Station for offences punishable under secs.498A and 406 read with sec.34IPC.

2. The learned Public Prosecutor on instructions submitted that petitioners 1 to 3 alone are the surviving accused since the 4th petitioner who was originally the 4th accused has since been deleted from the array of accused. The marriage between the 1st petitioner and Vineetha, the de facto complainant, took place only on 12.5.2006. Within a short span of post-marital life there has been demand for more dowry resulting in Vineetha leaving the matrimonial home and taking refuge in her own parental house. Such being the position, I am not inclined to grant anticipatory bail to the 1st petitioner. In the case of petitioners 2 and 3 who are accused Nos.2 and 3 I am inclined to grant anticipatory bail.

3. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release petitioners 2 and 3 on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs. 10,000/- (Ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions:-

1. The 2nd petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2. Petitioners 2 and 3 shall make themselves available for interrogation as and when required by the Investigating Officer. Bail A.No.623/2007 -:2:-

3. Petitioners 2 and 3 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

4. Petitioners 2 and 3 shall not commit any offence while on bail.

5. Petitioners 2 and 3 shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If petitioners 2 and 3 commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

4. There is no reason why the 1st petitioner should not surrender before the magistrate concerned and seek regular bail. Accordingly, if the 1st petitioner surrenders before the magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed. This application is disposed of as above.

V.RAMKUMAR, JUDGE

mt/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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