Aboobacker M. Vs. State of KeralA.

[mr justice k. n. keshavanarayana, j.] this criminal petition is filed under section 482 read with 427 cr.p.c. praying to direct. all the sentences to run concurrently awarded in c.c.no.2163/2004 dated 16.12,2004, c.c.no.2 199/2004 dated 14.02.2005 and c.c.n0.2241 /2004 dated 16.12.2004 respectively passed by the jmfc. ii court, davanagere and confirmed by the appeliate court at davanagere in crl.a.no. 19/2005 dated 27.09.2005, crl.a.no.88/2005 dated 17.09.2005 and crl.a.no. 18/2005 dated 27.09.2004 passed by additional sessions judge, ftc-ii, davanagere. 1. this petition is for anticipatory bail. 2. the alleged offence is under section 498a read with section 34 of the indian penal code. according to prosecution, petitioners (accused nos.1 and 2), who are husband and mother- in-law of defacto complainant physically and mentally tortured her and committed the offences, demanding more dowry. 3. learned counsel for petitioners submitted that first accused had a stroke and one side of his body is paralysed. the second accused is the mother-in-law, against whom, there are no serious allegations. 4. learned public prosecutor also conceded that as against second accused, no serious allegations are made, but the main allegations are made against first accused. 5. on hearing both sides and considering the submissions made in respect of second accused, i find that anticipatory bail can be granted to her. but, as far as first accused is concerned, allegations are serious in nature and this is not a fit case to grant anticipatory bail. though first accused would claim that he had a stroke and he is paralysed, there is absolutely nothing on record to substantiate this. the first accused shall surrender before investigating officer and co- operate with the investigation, without any delay. 6. hence, the following order is passed: (1) the prayer for anticipatory bail by first accused is rejected. (2) the second accused shall surrender before the magistrate court concerned within seven days from today. (3) on such surrender, second accused shall be released on bail, on her executing a bond for rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned magistrate, on the following conditions : (i) the second accused shall report before the investigating officer as and when directed and co-operate with the investigation. (ii) in case second accused is involved in any offence of similar nature, her bail is liable to be cancelled. petition is partly allowed.