IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6707 of 2009() ----------------------------- CRIME NO.590/2009 OF OONUKAL POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED NO.1, 2 & 3 --------------------------------------------------- 1. SHIBU, S/O.KANNAN, AGED 37 YEARS, NADAPATTACHALIL HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM VIA., ERNAKULAM. 2. KARTHIYANI, AGED 67 YEARS, W/O.KANNAN, NADAPATTACHALIL HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM VIA., ERNAKULAM. 3. USHA, AGED 43 YEARS, D/O.KANNAN, NADAPATTACHALIL HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM VIA., ERNAKULAM. BY ADV. SRI.JIMMY GEORGE SRI.C.K.JAYAKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED SUB INSPECTOR OF POLICE, OONUKAL POLICE STATION CRIME NO.590/01 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6707 of 2009 --------------------------------------------- Dated this the 2nd day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners state that they are accused Nos.1 to 3 in Crime No.590 of 2009 of Oonukal Police Station, Ernakulam District. 2. When the Bail Application came up for hearing on 18.11.2009, the following order was passed: “The learned Public Prosecutor submitted that the 3rd petitioner is not an accused now, as her name was deleted from the array of the accused. Petitioners 1 and 2 are respectively accused Nos.1 and 2. 2. The offences alleged against the petitioners are under Sections 498A, 323, 406 and 506(i) read with Section 34 of the Indian Penal Code. 3. 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 first petitioner to appear before the investigating officer. Accordingly, there will be a BA No.6707/2009 2 direction to the first petitioner to appear before the investigating officer at 9 A.M. on 25th and 26th November, 2009. Post on 2.12.2009. 4. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.590 of 2009 of Oonukal Police Station, Ernakulam. The first petitioner shall produce a copy of the order before the investigating officer.” 3. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction contained in the order dated 18.11.2009 has been complied with by petitioners 1 and 2. 4. 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 18.11.2009 has been complied with by petitioners 1 and 2, I am of the view that anticipatory bail can be granted to petitioners 1 and 2. There will be a direction that in the event of the arrest of petitioners 1 and 2, the officer in charge of the police station BA No.6707/2009 3 shall release them on bail on their executing bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, for a period of two months; b) The first petitioner shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1 and 2 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 1 and 2 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