IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2861 of 2009() --------------------------------------- CRIME NO.216/2009 OF KATTOOR POLICE STATION, THRISSUR PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. SAJI, AGED 28 YEARS, S/O.DHASAN, PENDHI PARAMBIL HOUSE, ILLIKAD DESOM, KATTOOR, THRISSUR. 2. DHASAN, AGED 55 YEARS, PENDHI PARAMBIL HOUSE, ILLIKAD DESOM, KATTOOR, THRISSUR. 3. GIRIJA, AGED 48 YEARS, W/O.DHASAN, PENDHI PARAMBIL HOUSE, ILLIKAD DESOM, KATTOOR, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/ COMPLAINANT: ------------------------------------------------ THE SUB INSPECTOR OF POLICE, KATTOOR, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEK CHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2861 of 2009 ------------------------------------ Dated this the 2nd day of June, 2009 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 to 3 in Crime No.216/2009 of Kattoor Police Station. 2. The offences alleged against the petitioners are under Section 498 A of the Indian Penal Code. 3. The first petitioner is the husband of the defacto complainant and petitioners 2 and 3 are the father and mother of the first petitioner. The learned counsel for the petitioner pointed out that marriage between the defacto complainant and the first petitioner was solemnised on 10/11/2008 and that on 2/04/2009, the first petitioner had filed O.P No.451/2009 before the Family Court, Thrissur for divorce. Several allegations have been made in the divorce petition against the wife of the first petitioner. On 27/04/2009, the defacto complainant filed a complaint before the Judicial Magistrate of the First Class, Ernakulam alleging offence under Section 498- A of the Indian Penal Code. The complaint was forwarded to the police under B.A. No. 2861/2009 2 Section 156(3) of the Code of Criminal Procedure and Crime No.216/2009 was registered by the Kattoor Police. 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 direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.25,000/- 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 report before the investigating officer between 9 A.M and 11 A.M. on all 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. B.A. No. 2861/2009 3 E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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 scm