IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9983 of 2011() ----------------------------- CRIME NOT REGISTERED IN CHADAYAMANGALAM POLICE STATION, KOLLAM PETITIONERS/ACCUSED: ---------------------------------------- 1. ABDUL RASHEED.E., S/O.LATE EBRAHIMKUNJ AGED 67 YEARS, RESIDING AT KARUMBAMKONAM, MANJAPPARA P.O., AYUR (VIA), KOLLAM DISTRICT, PIN-691 533. 2. K.S.RAMLA BEEVI, W/O.ABDUL RASHEED AGED 61 YEARS, RESIDING AT KARUMBAMKONAM MANJAPPARA P.O., AYUR (VIA), KOLLAM DISTRICT-691 533. BY ADV. SRI.S.M.ALTHAF RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9983 OF 2011 --------------------------------- Dated this the 8th day of December, 2011 ORDER The petitioners moved this application for anticipatory bail apprehending arrest in a Crime registered at Chadayamangalam Police Station, alleging offence under Section 498A read with 34 of the Indian Penal Code. The learned Public Prosecutor submitted that the first petitioner is accused No.2 in Crime No.1392 of 2011, and the second petitioner is not an accused in the crime. 2. The first petitioner (second accused) is the father-in- law of the defacto complainant. Accused No.1 is the husband of the defacto complainant. 3. The offence alleged against the petitioners is under Section 498A read with 34 of the Indian Penal Code. B.A.No. 9983 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 first petitioner. There will be a direction that in the event of the arrest of the first petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/-(Rupees Ten thousand only) 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) The first petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No. 9983 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 in the manner indicated above, in so far as it relates to the first petitioner (accused No.2). The Bail Application is closed, in so far as it relates to the second petitioner, since she is not an accused in the case. K.T.SANKARAN, JUDGE. cms