IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 8484 of 2011 ----------------------------------- CR.NO.52/2011 OF THE CHENGANNUR POLICE STATION ................................................................... (S): PETITIONERS/ACCUSED NOS.1 TO 3: --------------------------------------------------- 1. ANIL KUMAR.T.N., AGED 34 YEARS, S/O.T.G.NARAYANAN NAIR, THEVALLIL HOUSE, MAZHUKEER KALLISSERY P.O., THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA. 2. T.G.NARAYANAN NAIR, AGED 65 YEARS, THEVALLIL HOUSE, MAZHUKEER KALLISSERY P.O., THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA. 3. RADHAMMA, AGED 60 YEARS, THEVALLIL HOUSE MAZHUKEER KALLISSERY P.O., THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.P.RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8484 of 2011 ---------------------------------------------- Dated this the 10th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.52 of 2011 of Chengannur 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 first petitioner is the husband of the de facto complainant and petitioners 2 and 3 are the parents of the first petitioner. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. The learned counsel for the petitioners submitted that on a petition filed by the wife of the first petitioner, Family Court granted a decree for divorce. The counsel also submitted that a decree was passed by the Family Court for return of money and gold ornaments and another order was passed for the maintenance. Bail Appln.No.8484/2011 : 2 : 6. Taking into account the facts and circumstances of the case and the fact that the Family Court granted divorce and granted orders in favour of the de facto complainant, 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 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- A) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.8484/2011 : 3 : D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 skj