IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 10235 of 2011 CRIME NO.461 OF 2011 OF CHELAKKARA POLICE STATION, THRISSUR. PETITIONERS: ACCUSED 1- 3 -------------------------------- 1. SURESH, AGED 40 YEARS, S/O. PARANGODAN, OOEKKAL VEEDU, PANGARAPILLY, CHELAKKARA, THRISSUR DISTRICT. 2. KAARTHIYANI, AGED 72 YEARS, W/O. PARANGODAN, OOEKKAL VEEDU, PANGARAPILLY, CHELAKKARA, THRISSUR DISTRICT. 3. PARANGODAN, AGED 76 YEARS, S/O. KUNJUNNI, OOEKKAL VEEDU, PANGARAPILLY, CHELAKKARA, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, CHELAKKARA POLICE STATION. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10235 OF 2011 ------------------------------------------------------ Dated this the 21st day of December, 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 3 in Crime No.461 of 2011 of Chelakkara Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 498A, 323 and 506(ii) read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. Accused Nos.2 and 3 are the parents of accused No.1. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. BAIL APPL. NO. 10235 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. It is submitted by the learned counsel for the petitioners that the defacto complainant filed a complaint before the Magistrate's Court after the first accused filed a petition for restitution of conjugal rights before the Family Court, Thrissur. 6. 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 the arrest of the petitioners, the officer in charge of the police station shall release them on bail 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 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; BAIL APPL. NO. 10235 OF 2011 :: 3 :: 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; 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/