IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 1124 of 2009() ----------------------------- CRIME NO. 322/2008 OF MANNAR POLICE STATION PETITIONERS/ACCUSED NOS. 1 TO 3:- ------------------------------------------- 1. SREENIVASA PANIKKER, GURU BHAVANAM, BUDHANOOR P.O., CHENGANOOR. 2. SREEDHARAN VAIDYAN, DO. DO. 3. RAJAMMA, W/O.SREEDHARAN VAIDYAN, DO. DO. BY ADV. MR. RINNY STEPHEN CHAMAPARAMPIL RESPONDENT/ STATE:- -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ======================= Bail Application No. 1124 of 2009 ======================= Dated this the 6th day of March, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos. 1 to 3 in Crime No. 322 of 2008 of Mannar Police Station for offences punishable under Sections 498 A and 34 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor submitted that petitioners 2 and 3 have since been deleted from the array of accused and that the 1st petitioner alone is the sole accused. 3. Having regard to the allegations levelled against the 1st petitioner, the relative conduct of the parties, the nature of legal injury sustained by the injured and the other circumstances of the case, I am inclined to grant anticipatory bail to the 1st petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the 1st petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like B. A.No. 1124/2009 -:2:- amount to the satisfaction to the said officer and subject to the following conditions: 1. The 1st petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 1st petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The 1st petitioner shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 1st petitioner shall not commit any offence while on bail. 5. On the expiry of the aforesaid period, the 1st petitioner shall surrender before the Magistrate concerned and seek regular bail. If the 1st petitioner commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above. Dated this the 6th day of March, 2009. V.RAMKUMAR, JUDGE. rv