IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9798 of 2011() ---------------------------------------- CRIME NO.1349/2011 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT PETITIONER/ACCUSED NOS.1 TO 3 ------------------------------------------------------ 1. ANILKUMAR, S/O.KARUNAKARAN RESIDING AT PULIVILAYIL VEEDU, KANNIMEL NAGER, 90 ERAVIPURAM VILLAGE, KOLLAM DISTRICT. 2. SUSHEELA PRAHALADAN, RESIDING AT PULIVILAYIL VEEDU, KANNIMEL NAGER, 89 ERAVIPURAM VILLAGE, KOLLAM DISTRICT. 3. PRAHALADAN, RESIDING AT PULIVILAYIL VEEDU, KANNIMEL NAGER, 89 ERAVIPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. 2. SATHEE BAI, POIAKAVILA VEEDU, THUNDANTHALA MURI, NELLIKUNNAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT- 691 623. R1 BY PUBLIC PROSECUTOR SMT.HIMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------- Bail Appln.No. 9798 of 2011 ----------------------------------------------------- Dated this the 6th day of December, 2011 ORDER 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. 1349 of 2011 of Eravipuram Police Station. 2. The offence alleged against the petitioners are under Section 498A r/w. Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. Accused No.2 is the paternal aunt of accused No.1 and accused No.3 is the husband of accused No.2. 4. The defacto complainant filed a complaint before the Magistrate's Court and it was forwarded to the police station for investigation u/s.156(3) of Cr.P.C. Accordingly, the Crime was registered. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. 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 `10,000/- (Rupees Ten thousand only) each Bail Appln.No. 9798 of 2011 2 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. 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 pm