IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5450 of 2011() ----------------------------- CRIME NO.388/2011 OF KATTOOR POLICE STATION PETITIONER (S): ACCUSED ------------------------------- SARIKA K.K., AGED 29 YEARS, W/O.SANTHOSH M., MULLASSERY, ANANDAPURAM VILLAGE, ANANDAPURAM P.O., MURIYAD PANCHAYAT, TRICHUR DISTRICT-680305 (RESIDING WITHIN THE LIMIT OF PUTHUKKAD POLICE STATION). BY ADV. SRI.JOSE PALLATTUKARAN RESPONDENT(S): STATE ---------------------------- STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, KATTOOR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5450 of 2011 --------------------------- Dated this the 22nd day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.388 of 2011 of Kattoor Police Station, Thrissur District. 2. The offences alleged against the accused are under Sections 498A and 306 read with Section 34 of the Indian Penal Code. 3. The wife of the first accused committed suicide at her residence on 13.6.2011. The prosecution case is that she committed suicide on account of the cruelty meted out against her by the accused. Originally, accused Nos.1 to 3 alone were made the accused. Subsequently, the petitioner, who is the sister of the first accused, is also included. It is submitted that BA 5450/11 2 accused Nos.2 and 3 were allowed to appear before the investigating officer for interrogation. 4. When the Bail Application came up for admission on 12.7.2011, the following order was passed : “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th and 19th July, 2011. 5. Post on 22nd July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.388 of 2011 of Kattoor Police Station, until further orders. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the BA 5450/11 3 order dated 12.7.2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12.7.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required . C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence . BA 5450/11 4 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) 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 csl