IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6552 of 2011() ----------------------------- OP.213/2011 of FAMILY COURT, KASARAGOD Crime No.517 of 2011 of Nileswaram Police Station, Kasaragod District .................... PETITIONERS/ACCUSED NO.1 TO 4 ------------------------------------------------- 1. SUNILKUMAR NAIR K., AGED 34 YEARS, S/O. NARAYANAN NAIR, RESIDING AT EYYAMMADA, ARAMANA HOUSE, PEROLE VILLAGE, BANGALAM P.O., NILESWARAM, HOSDURG TALUK, KASARAGOD DISTRICT. 2. NARAYANAN NAIR, AGED 68 YEARS, RESIDING AT EYYAMADA, ARAMANA HOUSE, PEROLE VILLAGE, BANGALAM P.O., NILESWARAM, HOSDURG TALUK, KASARAGOD DISTRICT. 3. LAKSHMI AMMA, AGED 60 YEARS, W/O. NARAYANAN NAIR, RESIDING AT EYYAMADA, ARAMANA HOUSE, PEROLE VILLAGE, BANGALAM P.O., NILESWARAM, HOSDURG TALUK, KASARAGOD DISTRICT. 4. SATHEESHKUMAR, AGED 33 YEARS, S/O. NARAYANAN NAIR, RESIDING AT EYYAMADA, ARAMANA HOUSE, PEROLE VILLAGE, BANGALAM P.O., NILESWARAM, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6552 OF 2011 --------------------------------- Dated this the 29th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 4 in Crime No.517 of 2011 of Nileswaram Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 498A, 323 and 294(b) read with 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant and accused Nos.2 and 3 are the parents of accused No.1. Accused No.4 is the brother of accused No.1. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A. No.6552 OF 2011 2 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 `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, 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. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.6552 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms