IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6447 of 2011() ----------------------------- MC.66/2010 of FAMILY COURT, THIRUVALLA Crime No.489 of 2011 of Venjarammood Police Station, Thiruvananthapuram District .................... PETITIONER/ACCUSED: --------------------------------------- SHERIN VARGHESE, THALASSERIYIL PUTHENPURAYIL HOUSE, OTHERA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANTS: ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6447 OF 2011 --------------------------------- Dated this the 22nd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.489 of 2011 of Venjarammood Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Section 504 of the Indian Penal Code and Section 67 of the Information Technology Act. 3. The husband of the petitioner filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation and accordingly, the crime was registered. The allegation made against the petitioner is that she sent objectionable SMS messages to the mobile phone of her husband, on her impression that he had extra marital relationship with another woman. B.A. No.6447 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor and also perused the written instructions submitted by the Circle Inspector of Police, Venjarammood to the learned Public Prosecutor. 5. 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 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 on her executing bond for `10,000/-(Rupees Ten thousand only) 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 B.A. No.6447 OF 2011 3 bail. D) 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. cms