IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6753 of 2011() ----------------------------- CRIME NO.3005/2011 OF KOTTARAKKARA POLICE STATION PETITIONER(S): ACCUSED NO.2 ------------------------------------- OMANAKUTTIYAMMA D/O.LEKSHMIKUTTYAMMA, AGED 58 YEARS, ANIL SADHANAM, MYLOM VILLAGE, MYLOM, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT ----------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KOTTARAKARA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6753 of 2011 --------------------------- Dated this the 29th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.3005 of 2010 of Kottarakkara Police Station. 2. The offences alleged against the petitioner are under Sections 498A, 417 and 376 read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the son of accused No.2. Accused No.1 married the de facto complainant. It is alleged that later he obtained a decree for divorce. That was an ex-parte decree. He did not disclose about the decree to the wife. Accused No.1 and the de facto complainant lived together as husband and wife. A child was born in that wedlock. Later, it is alleged that the first accused meted out cruelty to the de facto complainant. BA 6753/2011 2 Only at that time, it was disclosed that the accused had obtained a decree for divorce. The offence under Section 376 IPC is alleged in these circumstances. 4. Heard the learned counsel for the petitioner and the learned public prosecutor. 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 petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required ; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; BA 6753/2011 3 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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