IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 3375 of 2009 CRIME NO.180 OF 2009 OF VALLIKKUNNAM POLICE STATION PETITIONERS/ACCUSED NO.2 & 3 ------------------------------------------------ 1. CHANDRASEKARAN NAIR, AGED 65 YEARS, SANTHI NIVAS, PUTHETHU VEEDU, VIDYANAGAR NO.2, KOTTAMUKKU, KOLLAM. 2. SYAMALA, AGED 55 YEARS, W/O.CHANDRASEKARAN NAIR, SANTHI NIVAS, PUTHETHU VEEDU, VIDYANAGAR NO.2, KOTTAMUKKU, KOLLAM. BY ADV. SRI.V.V.RAJA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3375 OF 2009 ------------------------------------------------------ Dated this the 24th June, 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.180 of 2009 of Vallikkunnam Police Station. 2. The offences alleged against the petitioners are under Sections 498A, 308, 323, 120(B) read with Section 34 of the Indian Penal Code. 3. The first accused is the husband of the de facto complainant. Accused Nos.2 and 3 are her father-in-law and mother-in-law. Accused Nos.4 and 5 are the sisters of the first accused. A complaint was filed by the de facto complainant before the Magistrate's Court alleging the aforesaid offences against the accused persons. The complaint was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. The crime was accordingly registered. 4. I have gone through the case diary. 5. Taking into account the facts and circumstances of the case, the nature of the offences and other circumstances, I am of the view that B.A. NO. 3375 OF 2009 :: 2 :: 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 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 ahz/