IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10145 of 2011() ------------------------------ OP.1338/2008 of FAMILY COURT,THRISSUR CRIME NO.1849 OF 2011 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DT. .................... PETITIONER/ACCUSED NO.1 TO 5 ------------------------------------------------ 1. ARAVINDAKSHAN,S/O.SUBRAMANIAN, NADEETHARA HOUSE,EZHEEKKARA,NORTH PARAVUR, ERNAKULAM. 2. ANANDAM,W/O.KUMARAN,VELLIYIL HOUSE, NAYARAMBALAM,NORTH PARAVUR, ERNAKULAM. 3. PUSHPA,W/O.SIDHARTHAN, CHERUPULITHARA HOUSE,CHERAYI,ERNAKULAM. 4. SHEBIN,S/O.SIDHARTHAN, CHERUPULLITHARA HOUSE,CHERAYI,ERNAKULAM. 5. SHERIN,S/O.SIDHARTHAN, CHERUPULLITHARA HOUSE,CHERAYI,ERNAKULAM. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. STATE ,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION,(CRIME NO.1849 OF 2011), NORTH PARAVUR, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.10145 OF 2011 --------------------------------- Dated this the 14th day of December, 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 5 in Crime No.1849 of 2011 of North Paravur Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 498A, 420 and 406 read with 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. Accused Nos.2 and 3 are the sisters of accused No.1. Accused Nos.4 and 5 are the children of accused No.3. The marriage between the first accused and the defacto complainant took place in 1998. It is submitted by the learned counsel for the petitioners that the wife of the first accused left B.A.No.10145 OF 2011 2 the matrimonial home in 2007 and the first accused had filed a divorce petition before the Family Court. The divorce petition is pending trial. 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 `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. B.A.No.10145 OF 2011 3 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. 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