IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4380 of 2009() ---------------------------------------- CRIME NO.207/2009 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS/ ACCUSED 1 TO 4: -------------------------------------------------- 1. SHIBU, AGED 29 YEARS, S/O.MANIAN, KULATHINKARA HOUSE, NELLISSERY NOOLIYATH, VELLARADA VILLAGE, THIRUVANANTHAPURAM. 2. MANIAN, AGED 60 YEARS, KULATHINKARA HOUSE, NELLISSERY NOOLIYATH, VELLARADA VILLAGE, THIRUVANANTHAPURAM. 3. RAJAMMA, AGED 55 YEARS, KULATHINKARA HOUSE, NELLISSERY NOOLIYATH VELLARADA VILLAGE, THIRUVANANTHAPURAM. 4. DEEPA, W/O.BIJU, AGED 25 YEARS, KULATHINKARA HOUSE, NELLISSERY NOOLIYATH, VELLARADA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.J.JAYAKUMAR RESPONDENT/COMPLAINANT: --------------------------------------------- SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, THIRUVANANTHAPURAM DIST. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4380 of 2009 ------------------------------------ Dated this the 7th day of August, 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. 1 to 4 in Crime No.207/2009 of Vellarada Police Station. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. The first petitioner (first accused) is the husband of the defacto complainant. Accused Nos.2 and 3 are the parents and accused No.4 is the sister in law of the first accused. 4. The defacto complainant filed a complaint before the Judicial Magistrate of the First Class -III, Neyyattinkara, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 5. I have perused the Case Diary. 6. 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. B.A. No.4380 /2009 Page numbers 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 Rs.25,000/- 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