IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8834 of 2011 CRIME NO.534 OF 2011 OF ELATHUR POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------- 1. SATHEESH.V.K. S/O. C.K. VIJAYACHANDRATHILAKAN, R V NIVAS, (AKSHAYA) KANNADI, P.O., KAZHCHAPARAMBA, PALAKKAD SOUTH POLICE, PALAKKAD DISTRICT. 2. K.K. RADHAMANI, W/O. C.K. VIJAYACHANDRATHILAKAN, R.V. NIVAS, (AKSHAYA) KANNADI, P.O., KAZHCHAPARAMBA, PALAKKAD SOUTH POLICE, PALAKKAD DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, KOZHIKODE-673303. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.-31. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8834 OF 2011 ------------------------------------------------------ Dated this the 17th 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 No.1 and 2 in Crime No.534 of 2011 of Elathur Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 498A, 406 and 323 of the Indian Penal Code. 3. The defacto 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. The first petitioner is the husband of the defacto complainant and the second petitioner is the mother-in-law of the defacto complainant. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BAIL APPL. NO. 8834 OF 2011 :: 2 :: 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 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 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/