IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4420 of 2009() ----------------------------- CRIME NO.505/2009 OF NEMOM POLICE STATION. PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. JAYAKUMAR, S/O.SANTHOSH, SANTHOSH BHAVAN, THETTIVILA, KALLIYOOR, THIRUVANANTHAPURAM. 2. SANTHOSH, SANTHOSH BHAVAN, THETTIVILA, KALLIYOOR, THIRUVANANTHAPURAM. 3. MERCY SAROJAM, SANTHOSH BHAVAN, THETTIVILA, KALLIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS/ STATE: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, THIRUVANANTHAPURAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4420 of 2009 ------------------------------------ Dated this the 10th day of August, 2009 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.505/2009 of Nemom Police Station. 2. The offence alleged against the petitioners is under Section 498 A of the Indian Penal Code. 3. The first petitioner is the husband of Savitha, who committed suicide on 21/07/2009. Petitioner Nos.2 and 3 are the parents of the first accused. 4. I have gone through the Case Diary. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the B.A. No. 4420/2009 Page numbers officer concerned, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on every alternate Sundays, 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) 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 scm