IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 8262 of 2011() ----------------------------- Crime No.1655 of 2011 of Mulavukad Police Station, Ernakulam. PETITIONERS/ACCUSED -------------------------------------- 1. DILEEP.P.J, PUTHUVALSTHALATH HOUSE, PANAMBUKAD, VALLARPADAM, ERNAKULAM. 2. JAYA RAJAN, PUTHUVALSTHALATH HOUSE, PANAMBUKAD, VALLARPADAM, ERNAKULAM. 3. AMBIKA JAYARAJ, PUTHUVALSTHALATH HOUSE, PANAMBUKAD, VALLARPADAM, ERNAKULAM. 4. DEEPA.P.J, PUTHUVALSTHALATH HOUSE, PANAMBUKAD, VALLARPADAM, ERNAKULAM. BY ADV. SMT.VIJAYAKUMARI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8262 OF 2011 --------------------------------- Dated this the 24th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 4 in Crime No.1655 of 2011 of Mulavukad Police Station, Ernakulam. 2. The offences alleged against the accused are under Sections 498-A, 406 and 323 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 14th November, 2011, the following order was passed: “2. According to the petitioners, they are accused Nos.1 to 4. It is stated that the first petitioner is the husband of the defacto complainant. Petitioners 2 to 4 are respectively the father, mother and sister of the first accused. B.A.No. 8262 OF 2011 2 3. The learned Public Prosecutor submitted that only petitioners 1 and 3 are accused Nos.1 and 2 in the crime. The learned Public Prosecutor submitted that the second petitioner Jaya Rajan and the fourth petitioner Deepa are not accused in the case. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. 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 first petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the first petitioner to appear before the investigating officer on 19th and 20th November, 2011. 6. Post on 24.11.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1655 of 2011 of Mulavukad Police Station, till 26.11.2011. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 14th November, 2011 has been complied with by the petitioners. B.A.No. 8262 OF 2011 3 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 14th November, 2011 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 `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The 1st 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. e) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A.No. 8262 OF 2011 4 f) 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. cms