IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4100 of 2009() ------------------------------------------ CRMP.2233/2009 of DISTRICT COURT, KASARAGOD CRIME NO.446/2009 OF KASARAGOD POLICE STATION. .................... PETITIONERS/ACCUSED NOS.2 & 3 ------------------------------------------------- 1. KALLYANI, W/O.APPA ACHARY, AGED ABOUT 50 YEARS, ATHIRKUZHY HOUSE, POST EDANEER, PADY VILLAGE, KASARAGOD TALUK & DISTRICT. 2. RADHA, D/O.APPA ACHARY, AGED 23 YEARS, ATHIRKUZHY HOUSE, POST EDANEER, PADY VILLAGE, KASARAGOD TALUK & DISTRICT. BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4100 of 2009 ------------------------------------ Dated this the 31st day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.446/2009 of Kasaragod Police Station. 2. The offence alleged against the petitioners is under Section 498 A read with Section 34 of the Indian Penal Code. 3. The petitioners are mother-in-law and sister-in-law of the defacto complainant. The first accused, who is the husband of the defacto complainant and the fourth accused, who is the father-in-law of the defacto complainant were arrested on 29/06/2009. It is stated that accused No.1 was remanded to judicial custody and the fourth accused was released on bail on the same date of production before the court. 4. I have gone through the Case Diary. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the B.A. No.4100 /2009 Page numbers petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/-each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm