IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9292 OF 2011() ----------------------------- (CRMP.2858/2011 SESSIONS COURT,KOLLAM) (CRIME NO. 634/2011 OF KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT) PETITIONER/ 2ND ACCUSED ------------------------------------------ PRIJI, AGED 35 YEARS, W/O.BINURAJ, SUJI VILASOM, MARUTHIMOODU, CHATHUPPU, KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE, PATHANAPURAM TALUK, KOLLAM. BY ADV. SRI.R.MANOJ SMT.SINDHU MANOJ RESPONDENT: COMPLAINANT: ------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. No.. 9292 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF NOVEMBER, 2011. O R D E R Petition filed under Section 438 of the Code of Criminal procedure. Petitioner is the second accused in Crime No. 634 of the Kulathupuzha Police Station for offences under Sections 332 and 249(b) read with Section 34 IPC. Apprehending arrest, detention and torture at the hands of the investigating officer, petitioner has come up with this petition seeking anticipatory bail. Her application for anticipatory bail was dismissed by the Sessions Court, Kollam by order dated 2.11.2011 in Crl. M.P. 2858 of 2011. 2. Having heard either side, it appears that the petitioner had obstructed the police officers from discharging their official duties. Taking into account the nature of the allegation and on gender consideration, I think this is a fit case to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is allowed. The petitioner is directed to surrender before the magistrate having jurisdiction. The learned magistrate shall release the petitioner on bail on her executing a bond for Rs. 20,000/- B.A. No.. 9292 OF 2011 2 (Rupees twenty thousand ) with two solvent sureties each for the like sum to the satisfaction of the investigating officer , on the following conditions: (i) The petitioner shall make herself available for interrogation as and when required. (ii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer and - (iii) Petitioner shall not leave the District without prior permission of the Court. P.S. GOPINATHAN, (JUDGE) knc/-