IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2716 of 2009() ----------------------------- CRIME NO.234/2009 OF CHANGANASSERY POLICE STATION PETITIONERS/ACCUSED 1 TO 3 --------------------------------------- 1. VINOD XAVIER, S/O. LATE XAVIER, AGED 35 YEARS, KURISINGAL HOUSE, 49/1093-C-1, INDIRA ROAD, EDAPPALLY.P.O., KOCHI-24. NOW EMPLOYED IN NATIONAL SHIPPING GULF AGENCY COMPANY LTD., P.O.BOX.377, ABU DABI, U.A.E. 2. MRS. GRACY XAVIER, W/O. LATE XAVIER, AGED 59 YEARS, KURISINGAL HOUSE, 49/1093-C-1, INDIRA ROAD, EDAPPALLY.P.O., KOCHI-24. 3. MANOJ XAVIER, S/O. LATE XAVIER, AGED 33 YEARS, KURISINGAL HOUSE, 49/1093-C-1, INDIRA ROAD, EDAPPALLY.P.O., KOCHI-24, NOW EMPLOYED IN KOL CORPORATION, P.O.BOX NO. 500026, DUBAI, U.A.E. BY ADV. SRI.K.J.KURIACHAN RESPONDENT(S): CPMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CHANGANASSERY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.2716 of 2009 ---------------------------------- Dated this the 26th day of May, 2009 ORDER This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.234 of 2009 of Changanassery Police Station. 2. The offence alleged against the petitioners are under section 498A read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioners pointed out that the first petitioner had filed O.P.No.445 of 2009 before the Family Court at Ernakulam against the defacto complainant for divorce on 21st March 2009 and the complaint was filed thereafter. 4. Petitioners 1 and 3 are now working abroad. I do not think that it is proper to consider their request for bail at present. So far as petitioners 1 and 3 are concerned, the Bail Application is dismissed with liberty to move afresh as and when it becomes necessary. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that anticipatory bail can be granted to the second petitioner. There will be a direction that in the event of the arrest of the second BA No.2716/2009 2 petitioner, the officer in charge of the police station shall release her on bail for a period of one month on her executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The 2nd petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The 2nd petitioner shall appear before the investigating officer for interrogation as and when required; C) The 2nd petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The 2nd petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the 2nd petitioner shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is partly allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl