IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5967 of 2011 CRIME NO.1773 OF 2011 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT PETITONERS/ACCUSED 1 & 2 ------------------------------------------- 1. VARGHESE @ SHAIJAN,AGED 34 YEARS, S/O.JOSE,THANIPILLY HOUSE, KADEPPILLY,U.C.COLLEGE.P.O., ALUVA, ERNAKULAM DISTRICT. 2. KUNJAMMA, AGED 55 YEARS, W/O.JOSE, THANIPILLY HOUSE,KADEPPILLY,U.C.COLLEGE.P.O, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.RAJA VIJAYARAGHAVAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5967 OF 2011 C ------------------------------------------------------ Dated this the 27th day of July, 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 and 2 in Crime No.1773 of 2011 of Aluva Police Station, Ernakulam District. The first petitioner/first accused is the husband and the second petitioner/second accused is the mother-in-law of the de facto complainant. 2. The offences alleged against the petitioners are under Sections 498A and 506(i) read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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 BAIL APPL. NO.5967 OF 2011 :: 2 :: 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 appear 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; 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/