IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8332 of 2011() ----------------------------- CRIME NO.1141/2011 OF KAYAMKULAM POLICE STATION PETITIONERS/ACCUSED: --------------------------------------- 1. RAJESH.V.R., S/O.C.RAVEENDRAN, VARAVUPATTA PUTHEN VEEDU, EEZHAKONAM, VATTAVILA P.O., NEYYATTINKARA,THIRUVANANTHAPURAM, (WORKING AS RESERVATION CLERK, SOUTHERN RAILWAY, THIRUVALLA RAILWAY STATION) 2. CHANDRIKA.S., W/O.LATE C. RAVEENDRAN, RAVI BHAVAN, KUNCHALUVILA, ARUMANA P.O., KANYAKUMARI DISTRICT. 3. REJI, W/O. MANOJ, KIZHAKKEKUNNIL, PARUTHIYARA, ODANAVATTAM, KOTTARAKKARA, KOLLAM. 4. MANOJ, S/O. RAJENDRAN, KIZHAKKEKUNNIL, PARUTHIYARA, ODANAVATTAM, KOTTARAKKARA, KOLLAM. BY ADV. SRI.B.MOHANLAL B.A.No.8332/2011 RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPEPCTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-695 121. 3. SMT.PINKY. R., D/O.RETHNAMMA, KOYIPPURAM VEEDU, PRAYAR P.O., OCHIRA, KAYAMKULAM, PIN-690 547. ADDL. R4 IMPLEADED. 4. THE STATION HOUSE OFFICER, KOLLAM EAST POLICE STATION, KOLLAM-691001. (ADDL.R4 IMPLEADED AS PER THE ORDER DATED 11.10.2011 IN CRL.MA 6776/2011 IN BA 8332/2011.) PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8332 of 2011 ---------------------------------------------- Dated this the 02nd day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.1141 of 2011 of Kayamkulam Police Station. The petitioners stated that they do not know the crime number. Instructions received by the learned Public Prosecutor show that the petitioners are accused in the aforesaid crime. 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. Petitioners 2 and 3 are the mother and sister of the first petitioner and the 4th petitioner is the husband of the 3rd petitioner. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 petitioners, the officer in charge of the police Bail Appln.No.8332/2011 : 2 : 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 Sundays, 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. 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