IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7418 of 2011() ----------------------------- CRMP.2614/2011 of DISTRICT COURT, PALAKKAD CRIME NO.837/2010 OF PALAKKAD TOWN SOUTH POLICE STATION .................... PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------------- 1. PALANIVEL, S/O.SUBRAYAN, MATHIYANPATTI, MAMUNDI.P.O., RASIPURAM TALUK, NAMAKKAL DISTRICT, TAMIL NADU. 2. PARAVATHY, W/O.CHINNASWAMY, AGED 60 YEARS, SAKTHI METRIC HIGHER SECONDARY SCHOOL, KANIYAMOOR, CHINNA SOLAM, TAMIL NADU. 3. SARASAMMA, AGED 61 YEARS, MATHIYANPATTI, MAMUNDI.P.O., RASIPURAM TALUK, NAMAKKAL DISTRICT, TAMIL NADU. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, PALAKKAD TOWN SOUTH POLICE STATION IN CRIME NO.837/2010. BY PUBLIC PROSECUTOR, V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.7418 OF 2011 --------------------------------- Dated this the 26th day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 3 in Crime No.837 of 2010 of Palakkad Town South Police Station. 2. The offences alleged against the petitioners are under Sections 498A and 420 read with 34 of the Indian Penal Code. 3. It is stated that accused No.1 is the husband of the defacto complainant. Accused No.2 is a close relative of the 1st accused. Accused No.3 is the foster mother of the 1st accused. The allegation is that suppressing the fact that accused No.1 was affected by HIV virus, he married the defacto complainant. Matrimonial cruelty is also alleged against the accused. The defacto complainant became pregnant and the pregnancy had to be terminated because of the 1st accused being a HIV positive patient. B.A. No.7418 OF 2011 2 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.10,000/-(Rupees Ten thousand only) 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A. No.7418 OF 2011 3 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. cms