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. 9477 of 2011() ----------------------------- CRIME NO.1213 OF 2011 OF SOORANADU POLICE STATION, KOLLAM PETITIONER (S): ACCUSED 2 TO 4 -------------------------------------- 1. SANTHAKUMARI, W/O.GANGADHARAN, PONNAMBIZHAYATHU VEEDU, MANAPPALLY SOUTH THAZHAVA VILLAGE,KARUNAGAPPALLY TALUK,KOLLAM. 2. RATHEESH, S/O.GANGADHARAN, PONNAMBIZHAYATHU VEEDU, MANAPPALLY SOUTH THAZHAVA VILLAGE,KARUNAGAPPALLY TALUK,KOLLAM. 3. GANGADHARAN, PONNAMBIZHAYATHU VEEDU, MANAPPALLY SOUTH THAZHAVA VILLAGE,KARUNAGAPPALLY TALUK,KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SI OF POLICE, SOORANADU POLICE STATION THROUGH POLICE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.REMA 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.9477 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.2 to 4 in Crime No.1213 of 2011 of Sooranadu Police Station, Kollam District. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. Accused No.2 is the mother of accused No.1, he being the husband of the de facto complainant. Accused Nos.3 and 4 are the brother and father of accused No.1. 4. 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. BA 9477/2011 2 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. 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 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 ; 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; BA 9477/2011 3 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