IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Bail Appl..No. 7425 of 2010(E) ------------------------------------------ [CRIME NO.337/2010 OF MANKARA POLICE STATION, PALAKKAD DISTRICT] ....................... PETITIONERS/ACCUSED 1 & 3: --------------------------------------------- 1. SUNEESH, S/O.VELAPPAN, AGED 31 YEARS, PUTHANPURAKKAL HOUSE, KANHIRAMPARA, MANNURA, PALAKKAD. 2. NANDAKUMARI, W/O.VELAPPAN, AGED 54 YEARS, PUTHANPURAKKAL HOUSE, KANHIRAMPARA, MANNURA, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, MANKARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.7425 of 2010 - - - - - - - - - - - - - - - - DATE: 19th day of November, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos. 1 and 3 in Crime No.337/2010 of Mankara Police Station for offences punishable under Secs.498(A) and 306 I.P.C., seek their enlargement on bail. The petitioners were arrested on 12.10.2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the 1st petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the 1st petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the 1st petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the 1st petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the 1st petitioner at this stage and his request for bail is rejected. 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the 2nd petitioner, the B.A. No. 7425/2010 :2: present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner. Accordingly, the 2nd petitioner is directed to be released on bail w.e.f 23.11.2010 on her executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The 2nd petitioner shall make herself available for interrogation as and when required by the police at any time till the filing of the final report. 2. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 3. The 2nd petitioner shall not commit any offence while on bail. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed in part as above. V.RAMKUMAR, JUDGE. dmb