IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6533 of 2011() ----------------------------- CRIME NO.189/2011 OF PAYYOLI POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED NO.1 TO 4 : ---------------------------------------- 1. SANDHYA,D/O.CHANDRANGATHAN,AGED 30 YEARS KADANGOTTU HOUSE,NEAR SIVA TEMPLE,TALIPARAMBA, TALIPARAMBA.P.O,TALIPARAMBA TALUK, KANNUR DISTRICT. 2. CHANDRANGATHAN,H/O. INDIRA,AGED 58 YEARS KADANGOTTU HOUSE,NEAR SIVA TEMPLE,TALIPARAMBA, TALIMPARAMBA.P.O,TALIPARAMBA TALUK, KANNUR DISTRICT. 3. INDIRA,W/O.CHANDRANGATHAN,AGED 50 YEARS, KADANGOTTU HOUSE,NEAR SIVA TEMPLE,TALIPARAMBA, TALIMPARAMBA.P.O,TALIPARAMBA TALUK, KANNUR DISTRICT. 4. SOUMYA,D/O.CHANDRANGATHAN,AGED 26 YEARS, KADANGOTTU HOUSE,NEAR SIVA TEMPLE,TALIPARAMBA, TALIMPARAMBA.P.O,TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): --------------- STATE REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM,THORUGH S.H.O, PAYYOLI POLICE STATION,KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6533 of 2011 --------------------------- Dated this the 26th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. According to the petitioners, they are accused Nos.1 to 4 in Crime No.189 of 2011 of Payyoli Police Station, Kozhikode. The learned Public Prosecutor submitted that petitioners No.2 to 4 were deleted from the array of accused and the first petitioner is the sole accused in the case. 2. The offences alleged against the accused are under Sections 417, 406 and 312 of the Indian Penal Code. 3. When the Bail Application came up for admission on 17.8.2011, the following order was passed : “3. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the first petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction BA 6533/2011 2 to the first petitioner to appear before the investigating officer on 22.8.2011 and 23.8.2011. 4. Post on 26.8.2011. It is submitted by the learned Public Prosecutor that the first petitioner will not be arrested in connection with Crime No.189 of 2011 of Payyoli Police Station, till 27.8.2011. The first petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. She shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 17.8.2011 has been complied with by the first petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 17.8.2011 has been complied with by the first petitioner, I am of the view that anticipatory bail BA 6533/2011 3 can be granted to the first petitioner. There will be a direction that in the event of arrest of the first petitioner, the officer in charge of the police station shall release her on bail on her executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The first petitioner shall appear before the investigating officer for interrogation as and when required ; B) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; C) The first 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 csl BA 6533/2011 4 K.T.SANKARAN, J. --------------------------- B.A.No.6533 of 2011 --------------------------- Dated this the 17th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. According to the petitioners, BA 6533/2011 5 they are accused Nos.1 to 4 in Crime No.189 of 2011 of Payyoli Police Station, Kozhikode. The learned Public Prosecutor submitted that petitioners No.2 to 4 were deleted from the array of accused and the first petitioner is the sole accused in the case. 2. The offences alleged against the accused are under Sections 417, 406 and 312 of the Indian Penal Code. 3. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the first petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the first petitioner to appear before the investigating officer on 22.8.2011 and 23.8.2011. 4. Post on 26.8.2011. It is submitted by the learned Public Prosecutor that the first petitioner will not be arrested in connection with Crime No.189 of 2011 of Payyoli Police Station, till 27.8.2011. BA 6533/2011 6 The first petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. She shall produce a copy of this order before the investigating officer. K.T.SANKARAN JUDGE csl Hand over copy