IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8392 of 2011() ----------------------------- CRIME NO.1132/2011 OF CHAVARA POLICE STATION, KOLLAM PETITIONERS (S): ACCUSED 1-3: -------------------------------- 1. WILLINGTON, 39 YEARS, S/O.BERNAD, KOTTAVADAKKETHARAYIL, GOVINDA MUTTOM, PUTHUPPALLY, KAYAMKULAM. 2. GRAICY, W/O.BERNAD, KOTTAVADAKKETHARAYIL GOVINDA MUTTOM, PUTHUPPALLY, KAYAMKULAM. 3. LISSY, D/O.BERNAD, KOTTAVADAKKETHARAYIL, GOVINDA MUTTOM, PUTHUPPALLY, KAYAMKULAM. BY ADV. SRI.VINCENT JOSEPH RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF CHAVARA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8392 of 2011 --------------------------- Dated this the 21st day of October, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners state that they are accused Nos.1 to 3 in Crime No.1132 of 2011 of Chavara Police Station. The learned Public Prosecutor submitted that petitioners 2 and 3 were deleted from the array of accused and the first petitioner is the sole accused at present. 2. The offence alleged against the accused is under Section 498A of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of BA 8392/11 2 the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the first petitioner. There will be a direction that in the event of arrest of the first petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- 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 first petitioner shall appear before the investigating officer for interrogation as and when required ; C) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The first petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA 8392/11 3 E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is dismissed in so far as it relates to accused Nos.2 and 3 and it is allowed in the manner indicated above in so far as it relates to accused No.1. K.T.SANKARAN JUDGE csl