IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5904 of 2011 CRIME NO.750 OF 2011 OF KANNAMALY POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 3: ---------------------------------------- 1. ANTONY PIUS, AGED 48, S/O.VAKACHAN, KALLIKALLU HOUSE, CHALAKADAVU, MARUVAKKAD, CHELLANAM P.O., KOCHI-8. 2. CICILY, AGED 52, D/O.VAKACHAN, KALLIKALLU HOUSE, CHALAKADAVU, MARUVAKKAD, CHELLANAM P.O., KOCHI-8. 3. SEBASTIAN, AGED 36, S/O.VAKACHAN, KALLIKALLU HOUSE, CHALAKADAVU, MARUVAKKAD, CHELLANAM P.O., KOCHI-8. BY ADV. SRI.P.P.GENSON RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KANNAMALY POLICE STATION, KANNAMALY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5904 OF 2011 ------------------------------------------------------ Dated this the 3rd day of August, 2011 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, 2 and 3 in Crime No.750 of 2011 of Kannamaly Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 498A and 323 read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the de facto complainant. Accused Nos.2 and 3 are the sister and brother of accused No.1. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the BAIL APPL. NO. 5904 OF2011 :: 2 :: 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 Rupees Ten thousand 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 alternate 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; e) 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 ahz/