IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 4615 of 2009() ------------------------------------- CRIME NO.247/2009 OF KURATHIKKAD POLICE STATION. PETITIONERS/ACCUSED: --------------------------------------- 1. CHINNAMMA VARGHESE, PULIMOOTIL, BHARANIKKAVU NORTH, KATTANAM VILLAGE. 2. SHIBY ACHANKUNJU, PULIMOOTIL, SHINET VILLA, BHARANIKKAVU NORTH, KATTANAM VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS/COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KURATHIKKAD POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4615 of 2009 ------------------------------------ Dated this the 13th day of October, 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 and 2 in Crime No.247/2009 of Kurathikkad Police Station in Alappuzha District. 2. The offence alleged against the petitioners is under Section 498 A of the Indian Penal Code. 3. When the Bail Application came up for hearing on 23/9/2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 29th and 30th September, 2009. Post on 7/10/2009. B.A. No. 4615/2009 2 It is submitted by the learned Public Prosecutor that the petitioners will not be arrested till then in connection with Crime No.247 of 2009 of Kurathikkad Police Station.” 4. The learned counsel for the petitioners as well as the learned Public Prosecutor submitted that the petitioners have complied with the directions contained in the order dated 23/9/2009. 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 station shall release them on bail on their executing bond for Rs.15,000/- 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 B.A. No. 4615/2009 3 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