IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5365 of 2011() ----------------------------- CRIME NO.1163 OF 2011 OF PALLURUTHY POLICE STATION .................... PETITIONERS (S): ACCUSED 1-4 ------------------------------- 1. THAJUDHEEN, AGED 37 YEARS, S/O.LATE KUNJUMOHAMMED, BEEMA MANZIL, KADEBAGOM, PALLURUTHY P.O., ERNAKULAM, KOCHI-682006. 2. BEEMA KUNJUMOHAMMED, AGED 54 YEARS, W/O.LATE KUNJUMOHAMMED, BEEMA MANZIL, KADEBAGOM, PALLURUTHY P.O., ERNAKULAM, KOCHI-682006. 3. P.K.SIRAJ, AGED 34 YEARS, S/O.LATE KUNJUMOHAMMED, BEEMA MANZIL, KADEBAGOM, PALLURUTHY P.O., ERNAKULAM, KOCHI-682006. 4. JASMINE, AGED 29 YEARS, W/O.P.K.SIRAJ, BEEMA MANZIL, KADEBAGOM, PALLURUTHY P.O., ERNAKULAM, KOCHI-682006. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5365 of 2011 --------------------------- Dated this the 11th 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.1 to 4 in Crime No.1163 of 2011 of Palluruthy Police Station. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. The first accused (first petitioner) is the husband of the de facto complainant. Accused Nos.2 and 3 are the mother and brother of the first accused. Accused No.4 is the wife of accused No.3. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BA No.5365/2011 2 5. Taking into account the facts and circumstances of the case, the nature of the offence and other 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 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 ` 10,000/- each 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required . C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence . D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.5365/2011 3 E) Before the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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