IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6496 of 2011 CRIME NO.1058 OF 2011 OF THRISSUR TOWN EAST POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. DEEPAK FRANCIS PARAKKAL, AGED 34 YEARS, SON OF SRI.FRANCIS J.PARAKKAL, RESIDING AT PARAKKAL HOUSE, ASSISI LANE, ALUVA, ERNAKULAM DISTRICT. 2. FRANCIS J.PARAKKAL, AGED 62 YEARS, SON OF SRI.JOSEPH, RESIDING AT PARAKKAL HOUSE, ASSISI LANE, ALUVA, ERNAKULAM DISTRICT. 3. SHEELA FRANCIS PARAKKAL, AGED 52 YEARS, WIFE OF SRI.FRANCIS J.PARAKKAL, RESIDING AT PARAKKAL HOUSE, ASSISI LANE, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.N.K.SUBRAMANIAN SRI.C.S.DIAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6496 of 2011 ------------------------------------------------------ Dated this the 26th day of August, 2011 O R D E R 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.1058 of 2011 of Thrissur Town East Police Station. The first petitioner is the husband and petitioners 2 and 3 are the parents of the first petitioner. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. When the Bail Application came up for admission on 17th August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 Bail Appl. NO.6496 OF 2011 :: 2 :: 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 22nd and 23rd August, 2011. 5. Post on 26th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1058 of 2011 of Thrissur Town East Police Station, till 29th August, 2011. 7. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The first petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 17th August, 2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that Bail Appl. NO.6496 OF 2011 :: 3 :: the direction in the order dated 17th August, 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 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 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) 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/