IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5673 of 2011 CRIME NO.986 OF 2011 OF CHANGANACHERRY POLICE STATION PETITIONERS/ACCUSED NOS.1,2,4 & 5: --------------------------------------- 1. MARY ANN VARGHESE, AGED 55 YEARS, W/O.K.N.CHERIAN, KOCHUTHAZHATHU ANUGRAHA HOUSE, ANGADY ROAD, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. K.N.CHERIYAN, AGED 61 YEARS, S/O.NINAN, KOCHUTHAZHATHU ANUGRAHA HOUSE, ANGADY ROAD, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 3. ANJANA ANNA CHERIAN, AGED 24 YEARS, D/O.K.N.CHERIAN, KOCHUTHAZHATHU ANUGRAHA HOUSE, ANGADY ROAD, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 4. ANGEL TESS CHERIAN, AGED 21 YEARS, D/O.K.N.CHERIAN, KOCHUTHAZHATHU ANUGRAHA HOUSE, ANGADY ROAD, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H. SRI.SABITHA.A. RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, KOTTAYAM DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5673 OF 2011 ------------------------------------------------------ Dated this the 2nd 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, 2, 4 and 5 in Crime No.986 of 2011 of Changanacherry Police Station. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. The petitioners are the mother-in-law, father-in-law and sisters- in-law of the de facto complainant. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 BAIL APPL. NO. 5673 OF2011 :: 2 :: 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 Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Accused Nos.1 and 2 shall surrender their Passports before the Court of the Judicial Magistrate of the First Class, Changanacherry; 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/