IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4067 of 2009() ----------------------------- MC.29/2009 of FAMILY COURT, THIRUVALLA CRIME NO. 272/2009 OF TIRUVALLA POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------------------ 1. ROJI SOMAN, S/O. P.J.SOMAN, AGED 31 YEARS, PALAMKUNNIL HOUSE, KOTTOOR, KAVIYOOR VILLAGE. 2. SOMAN.P.S., AGED 55 YEARS, PALAMKUNNIL HOUSE, KOTTOOR, KAVIYOOR VILLAGE. 3. LILLYKUTTY, W/O.SOMAN, PALAMKUNNIL HOUSE, KOTTOOR, KAVIYOOR VILLAGE. BY ADVS. SMT.K.V. BHADRA KUMARI SMT. ANILA GEORGE RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4067 of 2009 ------------------------------------ Dated this the 24th day of July, 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 the accused in Crime No.272/2009 of Tiruvalla Police Station. 2. The offence alleged against the petitioners are under sections 498 (A) r/w 34 of the Indian Penal Code. 3. Defacto complainant filed a complaint before the Judicial Magistrate of First Class, Tiruvalla, which was forwarded to the police under Section 156 (3) of the Code of Criminal Procedure. Accordingly Crime No. 272/2009 was registered by Tiruvalla Police Station. 4. I have perused the Case Diary. 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 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 on their executing bond for Rs.25,000/- each with B.A. No. 4067 of 2009 2 two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on 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 ln