IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9524 of 2011() ----------------------------- CRIME NO.966 OF 2011 OF VADAKKEKARA POLICE STATION, ERNAKULAM PETITIONERS : ACCUSED 1, 3, 2, 4 & 5 ------------------------------------------- 1. P.A.RAMESH,AGED 39 YEARS, S/O.APPUKUTTAN,PANANGAYIL HOUSE, ANJOOR P.O,THALAPPILLY TALUK, TRICHUR DISTRICT 2. APPUKUTTAN,AGED 72 YEARS, S/O.KANDAN DO. 3. THANKAMANY,AGED 60 YEARS, W/O.APPUKUTTAN,RESIDING DO. 4. USHA,AGED 36 YEARS, D/O.APPUKUTTAN,RESIDING DO 5. VASU,AGED 40 YEARS, S/O.KUNCHU, ARANGATTUPARAMBIL HOUSE, ALATHUR P.O,PALAKKAD BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT ----------------------------------- THE SUB INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9524 of 2011 --------------------------- Dated this the 28th day of November, 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, 3, 2, 4 and 5 respectively in Crime No.966 of 2011 of Vadakkekara Police Station, Ernakulam. 2. The offences alleged against the petitioners are under Sections 323, 417 and 498A read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 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 BA 9524/11 2 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/- 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 alternate 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; 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 csl