IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Bail Appl..No. 8214 of 2011 CRIME NO.867 OF 2011 OF HOSDURG POLICE STATION PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. RANJITH.K.P., AGED 35 YEARS, S/O.KUNHIRAMAN, KANDAN PAKKAN HOUSE, THALIYIL, P.O.PARASSINIKKADAVU, KANNUR DISTRICT. 2. SREEJITH.K.P., S/O.KUNHIRAMAN, KANDAN PAKKAN HOUSE, THALIIYL, P.O.PARASSINIKKADAVU, KANNUR DISTRICT. 3. KALLYANI, W/O.KUNHIRAMAN, KANDAN PAKKAN HOUSE, THALIYIL, P.O.PARASSINIKKADAVU, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8214 OF 2011 ------------------------------------------------------ Dated this the 14th day of October, 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 to 3 in Crime No.867 of 2011 of Hosdurg Police Station. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. It is submitted that the first petitioner is a physically challenged person. Petitioners 2 and 3 are the brother and mother of the first petitioner. The first petitioner married the de facto complainant on 23.1.2011. 4. 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, BAIL APPL. NO.8214 OF 2011 :: 2 :: 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) 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; 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 ahz/