IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 6733 of 2011 CRIME NO.563 OF 2011 OF VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT. PETITIONERS/ACCUSED NOS. 1 & 2 ------------------------------------------------- 1. SHEMEDA, AGED 30 YEARS, W/O. NASSER, KARAYAMKAD VEEDU, VADAKKANCHERRY, ALATHUR,PALAKKAD. 2. SALMA, AGED 60 YEARS, W/O. MAJEED, KURINJERI HOUSE, MANAPPADAM.P.O., PUTHUKKODE, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE DEPUTY SUPERINTENDENT OF POLICE, ALATHUR POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6733 OF 2011 ------------------------------------------------------ Dated this the 5th day of September, 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 and 2 in Crime No.563 of 2011 of Vadakkancherry Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 498A and 306 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the allegations levelled against accused No.1 (first petitioner), I am not inclined to grant anticipatory bail to accused No.1 (first petitioner). If anticipatory bail is granted to the first BAIL APPL. NO.6733 OF 2011 :: 2 :: petitioner, it would adversely affect the proper investigation of the case. 5. As regards, accused No.2 (second petitioner), it is stated that she is aged 60 years. Taking into account the allegations levelled against her, I am of the view that anticipatory bail can be granted to the second petitioner (accused No.2). There will be a direction that in the event of the arrest of the second petitioner (accused No.2), the officer in charge of the police station shall release her on bail on her executing bond for Rupees Ten thousand with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The second petitioner (accused No.2) shall appear before the investigating officer for interrogation as and when required; b) The second petitioner (accused No.2) shall not try to influence the prosecution witnesses or tamper with the evidence; c) The second petitioner (accused No.2) 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. BAIL APPL. NO.6733 OF 2011 :: 3 :: The Bail Application is dismissed in so far as it relates to the first petitioner (accused No.1) and it is allowed in the manner indicated above, in so far as it relates to the second petitioner (accused No.2). (K.T.SANKARAN) Judge ahz/