IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 13TH SEPTEMBER 2011 / 22ND BHADRA 1933 Bail Appl..No. 7205 of 2011(A) ----------------------------- CRIME NO.1798/2011 OF KARUNAGAPPALLY POLICE STATION CRMP.2173/2011 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONERS : ACCUSED NO.1 AND 2 ------------------- MRS.RAJAM, AGED 42 YEARS, W/O.LATE RAVEENDRAN,THAMARASSERIL VEEDU, KETTIDATHIL KADAVU, P.O.KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.A.SHANAVAS RESPONDENTS : COMPLAINANT --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.H.HANILKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. *********************** B.A No.7205 of 2011-A ***************************** Dated this the 13th day of September, 2011 ORDER This is an application filed under Section 438 of the Criminal Procedure Code. 2. Petitioner is an accused in Crime No.1798 of 2011 of Karunagapalli Police Station for having committed offences punishable under Sections 447, 294(b), 323, 324, 326, 506(ii) of Indian Penal Code. The incident is said to have taken place on 19.07.2011 on account of disputes between the petitioner and her neighbour. According to the petitioner, she is innocent. The whole story is a concocted one and the true incident is something else. The petitioner says that in fact, she was attacked by the defacto complainant. She submits that she has been falsely implicated in the case with ulterior motives. The petitioner sought anticipatory bail before the Sessions Court, Kollam. That bail application was dismissed. Hence apprehending arrest, the petitioner has come to this Court seeking anticipatory bail. B.A No.7205 of 2011-A 2 3. The learned counsel for the petitioner points out that the petitioner is ready to abide by the terms and conditions to be stipulated in this order and she may be granted anticipatory bail. 4. Heard the learned Public Prosecutor. The learned Public Prosecutor submits that since the investigation is at an infant stage, custodial interrogation of the accused is necessary on certain facts. 5. However, considering the age of the petitioner and also that she is a widow as also considering the nature of the offences alleged to have been committed by the accused, this application is allowed as follows: i) The petitioner shall surrender before the JFCM Court, Karunagappally on or before 20.09.2011 and may move an application for regular bail with due notice to the learned Public Prosecutor, which the learned Magistrate may dispose in accordance with law, if possible, on the same day itself; ii) If, in the meanwhile, petitioner is sought to be arrested, she shall be released on bail on executing a bond for a sum of Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of the Investigating Officer; B.A No.7205 of 2011-A 3 iii) Petitioner shall make herself available for investigation as and when required by the Investigating Officer; iv) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. (P.BHAVADASAN, JUDGE) rtr/