IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Bail Appl..No. 6602 of 2011() ----------------------------- PETITIONERS/ACCUSED 1,3 & 4 ------------------------------ 1. PRASAD, KIZHAKKEKARA PUNARU VEEDU, MEYANNOOR P.O., KOLLAM DISTRICT. 2. SURESH KUMAR, KIZHAKKEKARA PUNARU VEEDU, MEYANNOOR P.O., KOLLAM DISTRICT. 3. LEKSHMIKUTTY AMMA, KIZHAKKEKARA PUNARU VEEDU, MEYANNOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN COME FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6602 of 2011 --------------------------------------- Dated this the 19th day of August, 2011 ORDER This is a petition for anticipatory bail under Section 438(1) of the Code of Criminal Procedure. Petitioners are arrayed as accused Nos. 1, 3 & 4 in Crime No.1098/11 of the Chathannoor Police Station registered for the offence punishable under Section 294 (b), 341, 323, 498A read with Section 34 of Indian Penal Code. The above crime was registered on a complaint from the wife of the first accused A1(first petitioner) alleging assault on her person and inflicting cruelty, both mental and physical, by all the accused. The other accused in the crime are close relatives of the first accused. The investigation of the crime is in progress. 2. Learned counsel for the petitioner submit that the allegations imputed in the complaint including infliction of cruelty against the complainant wife relate to a period from 9.7.2011 to 23.7.2011 is baseless, since during that period his father had passed away after under going treatment in a hospital. A copy of the death certificate of his father is produced with the petition. Learned public prosecutor has made available the case diary of the case. After going through the case B.A.No.6602 of 2011 2 diary and the materials collected and taking note of the submissions made by the learned counsel for the petitioners and also learned public prosecutor, I find custodial interrogation of the petitioners after their arrest is not necessary for fair investigation of the crime. The petitioners can be granted pre arrest bail subject to conditions ensuring smooth and fair completion of the investigation of the crime. In the event of arrest of the petitioner or any of them in connection with the crime by the petitioner he shall be released bail on executing a bond for Rs.5,000/-. Petitioners shall comply with and move for regular bail from the Magistrate Court concerned within a period of one month from today. Petitioners shall cooperate with the investigation of the crime and report before the investigation officer as and when directed. They shall not directly or indirectly influence, induce or pressurize any of the witnesses so as to dissuade them from speaking the truth before the investigating officer touching upon any matter connected with the crime. Petition disposed. S.S.SATHEESACHANDRAN, JUDGE. rkc