IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3032 of 2011() --------------------------------------- CRMP.1186/2011 of DISTRICT COURT, KOTTAYAM CRIME NO.214/2011 OF KOTTAYAM EAST POLICE STATION. .................... PETITIONER/ ACCUSED 1 TO 3 ------------------------------------------- 1. M.C. KURIAKOSE, AGED 40 YEARS, S/O.M.K. CHACKO, MADAPPALLY KUNNEL HOUSE, ARUVIKUZHI.P.O, ANICKADU VILLAGE, KOTTAYAM DISTRICT. 2. SANGEETHA MATHEW, AGED 35 YEARS, W/O.M.C. KURIAKOSE, MADAPPALLY KUNNEL HOUSE, ARUVIKUZHI.P.O, ANICKADU VILLAGE, KOTTAYAM DISTRICT. 3. SOSAMMA IYPE, W/O. LATE IYPE MATHEW, AGED 65 YEARS, PLAPPARAMBIL, ELANGICKAL KARA, MUTTAMBALAM, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.3032 of 2011 ----------------------------------------------------- Dated this the 6th day of May, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.1 to 3 in Crime No.214 of 2011 of Kottayam East Police Station for offences punishable under Sections 498-A, 341, 452 I.P.C. and Section 3(1)(XI) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930), I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail in the event of their arrest in connection with the above case on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions:- B.A.No.3032/2011 2 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. 5. The bail granted pursuant to this order shall be in force till the end of the trial of the case unless and until it is cancelled by this Court in accordance with paragraph 103 of the verdict in Siddharam Satlingappa Mhetre's case (supra). If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 6th day of May, 2011. V.RAMKUMAR, JUDGE skj