IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9089 of 2011() ----------------------------- CRIME NO.366/2011 OF CHALISSERY POLICE STATION, PALAKKAD .................... PETITIONERS (S): ACCUSED 1 TO 5 ---------------------------------------- 1. MOHAMMEDKUTTY, AGED 40 YEARS S/O.MAMMIKUTTY, KIZHAKKETHIL HOUSE CHERIPPUR, PERINGANNUR, THIRUMITTAKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. NAFEESA, W/O. MOHAMMEDKUTTY, AGED 34 YEARS,KIZHAKKETHIL HOUSE CHERIPPUR, PERINGANNUR, THIRUMITTAKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. AYISHAKUTTY, W/O.MAMMIKUTTY, AGED 60 YEARS,KIZHAKKETHIL HOUSE CHERIPPUR, PERINGANNUR, THIRUMITTAKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 4. MAMMIKUTTY, S/O.LATE ABDUL RAHMAN AGD 65 YEARS, KIZHAKKETHIL HOUSE CHERIPPUR, PERINGANNUR, THIRUMITTAKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 5. RAMLATH, D/O.MAMMIKUTTY,AGED 19 YEARS KIZHAKKETHIL HOUSE CHERIPPUR, PERINGANNUR, THIRUMITTAKODE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9089 of 2011 --------------------------- Dated this the 2nd day of December, 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 5 in Crime No.366 of 2011 of Chalissery Police Station, Palakkad District. 2. The offence alleged against the petitioners is under Section 498 A of the Indian Penal Code. 3. The daughter in law of accused Nos.3 and 4 committed suicide by setting fire. Originally, the crime was registered under Section 174 of the Code of Criminal Procedure. Later, it was altered to an offence under Section 498A of the Indian Penal Code. 4. Accused No.1 is the brother in law of the victim. Accused No.2 is the wife of accused No.1. Accused Nos.3, 4 BA 9089/11 2 and 5 are the mother in law, father in law and sister in law of the victim. The husband of the victim is working in a Gulf country. 5. When the Bail Application came up for admission on 22.11.2011, the following order was passed : “ 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 petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 27.11.2011 and 28.11.2011. 6. Post on 2.12.2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.366 of 2011 of Chalissery Police Station, till 4.12.2011. 8. 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.” BA 9089/11 3 6. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 22.11.2011 has been complied with by the petitioners. 7. 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 22.11.2011 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 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 petitioners shall appear before the investigating officer for interrogation as and when required ; BA 9089/11 4 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 csl