IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8892 of 2011() ------------------------------------- CRIME NO. 831/2011 OF THEMALA POLICE STATION, KOLLAM DISTRICT ........ PETITIONER/2ND ACCUSED ------------------------------------------ SASIKALA, W/O.SADASIVAN, SUMESH BHAVAN, VAZHAVILA, EDAMON (PO), THENMALA, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): RESPONDENT -------------------------------------------- THE STATE OF KERALA, REP.BY THE INSPECTOR OF POLICE, THENMALA POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING CME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8892 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.831 of 2011 of Thenmala Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 452, 324, 308 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 20/09/2011 at 5 P.M., the accused persons trespassed into the house of the de facto complainant and attacked her with a chopper and stick. Accused No.1 is the brother of the de facto complainant. Accused No.2 is the wife of accused No.1 (sister- in-law of the de facto complainant). 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. It is submitted by the learned counsel for the petitioner that accused No.1 was arrested and remanded to judicial custody. Bail Appln.No.8892/2011 : 2 : 6. Going by the allegations, the overt acts alleged against the petitioner are not attributable to the offence under Section 308 of the Indian Penal Code. 7. Taking into account the facts and circumstances of the case, the nature of the offences, the relationship between the parties, the nature of the injuries, 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 arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for `10,000/- (Rupees Ten thousand only) 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. Bail Appln.No.8892/2011 : 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 skj