IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5159 of 2011 CRIME NO.251/2011 OF KARUKACHAL POLICE STATION, KOTTAYAM DISTRICT. PETITIONERS: ACCUSED 2 AND 3: ------------------- ------------ 1. RAJAN, AGED 60 YEARS, VALLOMTHARAYIL HOUSE, CHENGAROOR P.O., KALLOOPPARA VILLAGE, PATHANAMTHITTA DISTRICT. 2. MARY RAJAN, W/O. RAJAN, AGED 58 YEARS, VALLOMTHARAYIL HOUSE, CHENGAROOR P.O., KALLOOPPARA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KARUKACHAL POLICE STATION, KOTTAYAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V,TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5159 OF 2011 F ------------------------------------------------------ Dated this the 4th day of July, 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.2 and 3 in Crime No.251 of 2011 of Karukachal Police Station. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code and Section 67 of the Information Technology Act. It is submitted that the offence alleged against the petitioners does not include the offence under Section 67 of the Information Technology Act. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The petitioners are the father-in-law and mother-in-law of the defacto complainant. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other B.A. NO. 5159 OF 2011 :: 2 :: 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 for a period of one month 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) Before the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. e) 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/