IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 2304 of 2009 CRIME NO.92 OF 2009 OF KUNNICODE POLICE STATION PETITIONER/4TH ACCUSED ------------------------------------------ SARASWATHI AMMA W/O. RAJENDRAN NAIR, SURENDRA VILASOM, AMBALAM JUNCTION, KARYARA, VILAKKUDI VILLAGE. BY ADV. SRI.R.ARUN RAJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KUNNICODE. (CRIME NO.92 OF 2009 OF KUNNICODE P.S.), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2304 OF 2009 ------------------------------------------------------ Dated this the 16th June, 2009 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.4 in Crime No.92 of 2009 of Kunnicode Police Station. 2. The offences alleged against the petitioner are under Sections 447, 427, 294(b), 324 and 308 read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the petitioner, accused No.2 is the son-in-law of the petitioner and accused No.3 is the son of the petitioner. Accused Nos.1 and 3 were arrested within a few days after the incident. It is stated that Accused Nos.1 and 3 were released on bail subsequently. Accused Nos.2 and 4 are not arrested. The petitioner (accused No.4) is a lady. I have gone through the case diary. There is no allegation that the petitioner inflicted any injury or used any weapon. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I B.A. NO. 2304 OF 2009 :: 2 :: am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail for a period of one month on her executing bond for Rs.25,000/- 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; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular 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/