IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No.2924 of 2008(V) ------------------------------------ CRIME NO.140/08 OF VALLIKUNNAM POLICE STATION ................. PETITIONERS/ACCUSED NO.2 TO 5 ----------------------------------------- 1. VASUDEVAN NAIR, AGED 68 YEARS, RESIDING AT ARAMAM KAIRALI NAGAR, THIRUMULLA VARAM, KOLLAM. 2. KAMALAMMA, AGED 64 YEARS, W/O.VASUDEVAN NAIR, RESIDING AT ARAMAM KAIRALI NAGAR, THIRUMULLA VARAM, KOLLAM. 3. V.K.BIJU, S/O.VASUDEVAN NAIR, WORKING AS ENT SURGEON, MUTHOOT MEDICAL CENTRE, PATHANAMTHITTA RESIDING AT KALEEKKAL VEEDU, NEAR BUS STAND OPPOSITE MODERN AUTO, PATHANAMTHITTA. 4. BEENA.V.K., D/O.KAMALAMMA, SHREYAS, NEAR SWAMMY SATHYANANTHA POLYTECHNIC, KANHANGAD, KAZARGODE. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KAYAMKULAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2924 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. Petitioners are accused Nos.2 to 5 in Crime No.140/08 of Vallikunnam Police Station registered for offences under Sections 498A and 406 of the IPC read with Section 34 thereof on the complaint filed by the wife of the first accused in the case who is one of the sons of petitioners 1 and 2. Petitioners 3 and 4 are another son and daughter of petitioners 1 and 2. It is submitted that the marriage between the de facto complainant and the first accused still subsists and that the first accused is working in Kuwait. The petitioners apprehend arrest and hence this application for anticipatory bail. Considering the entire circumstances of the case, I am of the view that the petitioners can be granted anticipatory bail imposing stringent conditions. In the result, allowing this application, I direct that the petitioners shall surrender before the Magistrate concerned positively B. A. No.2924 of 2008 -2- on or before 13/5/2008 and shall deposit by way of cash security an amount of Rs.3,000/- each and shall thereafter execute bail bond for Rs.15,000/- each with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioners can be enlarged on bail. On such release, the petitioners shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioners, if need be, and the Magistrate granting it if deemed fit, necessary and legal. On release, the petitioners shall co-operate with the investigation in the case, shall not get themselves involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the B. A. No.2924 of 2008 -3- territorial limits of the town in which they are having their permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-