IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5164 of 2009() ------------------------------------- CRIME NO.709/2009 OF CHALAKKUDY POLICE STATION. .................... PETITIONER/ACCUSED NO.2: -------------------------------------------- KADEEJA, AGED 60 YEARS, W/O.SEYDU, VALIAKATHU HOUSE, VELLAMCHIRA P.O., ALOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR (DT). BY ADV. SRI.M.B.PRAJITH RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHALAKKUDY POLICE STATION, (CRIME NO. 709 OF 2002), THRISSUR. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5164 of 2009 ------------------------------------ Dated this the 9th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.709/2009 of Chalakkudy Police Station. 2. The offence alleged against the petitioner is under Section 498 A of the Indian Penal Code. 3. The petitioner is the mother-in-law of the defacto complainant. The husband of the defacto complainant is working abroad. The counsel for the petitioner submitted that the disputes between the parties have been settled and Annexure AII agreement dated 21/8/2009 was executed. The defacto complainant and the petitioner are the signatories to the agreement. 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 petitioner. There will be a direction that in the event of the B.A. No.5164/ 2009 2 arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner 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 scm