IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 7351 of 2009() ------------------------ CRIME NO. 777 OF 2009 OF MANNARKKAD POLICE STATION. PALAKKAD APPLICANTS/ACCUSED NOS. 3 AND 4 ----------------------------- 1. P.U.LAILA,AGED 60 YEARS,W/O.LIYAKATH ALIKHAN ALIAS SADHA HAJI,PALAKKAL HOUSE, KALLADIKODE POST,MANNARKKAD TALUK, PALAKKAD DISTRICT. 2.GULFIRORA,AGED 21 YEARS, W/O.ANWAR ALIKHAN,PALAKKAL HOUSE,KALLADIKODE POST, MANNARKKAD TALUK,PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,REPRESENTING THE S.I.OF POLICE,MANNARKKAD POLICE STATION. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 7351 of 2009 - - - - - - - - - - - - - - - - DATED: 29th March, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused in Crime No.777 of 2009 of Mannarkkad Police Station, for offences punishable under Sections 304 (b) and 306 read with Sec. 34 I.P.C. seek anticipatory bail. 2. I heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel appearing for the de facto complainant. 3. The mere presence of the petitioners in their own house which was the matrimonial home of the deceased cannot be an incriminating circumstance. That coupled with the absence of any specific averment in the First Information Statement given by none other than the father of the deceased induce me to grant anticipatory bail to the petitioners, who are the mother-in-law and sister-in-law of deceased Femina. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the Bail A.No. 7351 of 2009 -:2:- event of their arrest in connection with the above case on each of them executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. ani.