IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 6077 of 2009 CRIME NO.820 OF 2009 OF THIRUVALLA POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3: --------------------------------------- 1. DR.BINOY IDICULA BABU, AGED 34 YEARS, S/O.IDICULA BABU, RESIDING AT PUTHENPURAKKAL KUTTIYIL HOUSE, PAZHAVANGADI P.O., RANNI TALUK. 2. IDICULA BABU, AGED 64 YEARS, PUTHENPURACKAL KUTTIYIL HOUSE, PAZHAVANGADI P.O., RANNI TALUK. 3. ROHINI BABU, AGED 60 YEARS, W/O.IDICULA BABU, RESIDING AT PUTHENPURAKKAL KUTTIYIL HOUSE, PAZHVANGADI P.O., RANNI TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, THIRUVALLA POLICE STATION. ADDL.R2 IMPLEADED: DR.NISHA SAIRA BENOY, PALACKEL HOUSE, RAILWAY STATION P.O., KUTTAPPUZHA, THIRUVALLA. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 9.2.2010 IN CRL.M.A.NO.6086 OF 2009. R1 BY PUBLIC PROSECUTOR SRI.TEKCHAND R2 BY ADV. SMT.P.K.RADHIKA. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6077 OF 2009 ------------------------------------------------------ Dated this the 9th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.820 of 2009 of Thiruvalla Police Station, Pathanamthitta District. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. Smt.Radhika.P.K., learned counsel appearing for the de facto complainant, opposed the Bail Application. After hearing both sides, an order dated 15.1.2010 was passed, which reads as follows: “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 B.A. NO. 6077 OF 2009 :: 2 :: before the investigating officer at 9 AM on 28th and 29th January, 2010. Post on 02.02.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.820 of 2009 of Thiruvalla Police Station. The petitioners shall produce copy of this order before the investigating officer.” 4. It is submitted by the learned Public Prosecutor that the direction in the order dated 15.1.2010 has been complied with by the petitioners and that they have fully co-operated with the investigating officer. 5. 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 15.1.2010 has been complied with by the petitioners, 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 B.A. NO. 6077 OF 2009 :: 3 :: Rs.25,000/- 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 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 ahz/