IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 7131 of 2011() ----------------------------- CRIME NO.781/2011 OF PARAVOOR POLICE STATION KOLLAM DISTRICT PETITIONERS/ACCUSED : ---------------------- 1. VIJAYAN, POOPPARAMBIL VEEDU, PALAPRA, KANJIRAPPALLY, KOTTAYAM. 2. VALSALA, W/O.VIJAYAN, POOPPARAMBIL VEEDU, PALAPRA, KANJIRAPPALLY, KOTTAYAM. 3. SUBHA, D/O.VIJAYAN, POOPPARAMBIL VEEDU, PALAPRA, KANJIRAPPALLY. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENTS: --------------- STATE OF KERALA, REP. BY S.I. OF POLICE, PARAVOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Bail Appl..No. 7131 of 2011 Additional R2 : SARANYA, D/O.SASIDHARAN, ITTITTUVILA VEEDU, KOTTAPPURAM, PARAVOOR, KOLLAM DISTRICT. (Additional R2 impleaded as per the order dated 22/09/2011 in Crl.M.Appln.No.6122 of 2011 in B.A.No.7131/2011.) PUBLIC PROSECUTOR SRI.DHANESH MATHEW ADV. SRI.ARUN.B.VARGHESE FOR R-2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7131 of 2011 ---------------------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.2 to 4 in Crime No.781 of 2011 of Paravoor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 498-A, 452 and 511 of 376 read with Section 34 of the Indian Penal Code. 3. Accused No.2 is the father-in-law and accused Nos.3 and 4 are the mother-in-law and the sister-in-law of the de facto complainant. The first accused is the husband of the de facto complainant. The first accused is working abroad. Very serious allegations are made in the complaint filed by the de facto complainant before the Magistrate's Court. The complaint was forwarded to the Police for investigation under Section 156(3) of Cr.P.C. and accordingly the crime was registered as Crime No.781 of 2011 of Paravur Police Station. The petitioners apprehend arrest and therefore they have Bail Appln.No.7131/2011 : 2 : moved this application for anticipatory bail. I have gone through the averments in the bail application and the documents produced as Annexures-2 and 3 series as well as the counter affidavit filed by the de facto complainant. It is seen that the petition filed by the de facto complainant is pending before the Family Court as O.P.No.766 of 2011. 4. The learned counsel for the petitioners submitted that in O.P.No.766 of 2011, the allegation made by the de facto complainant herein is that her father-in-law tried to outrage her modesty, while in the complaint it is specifically alleged that he attempted to commit rape. The counsel relied on various E-mail messages allegedly sent by the de facto complainant to show that the allegations made against the petitioners are patently false. It is also submitted by the learned counsel for the petitioners that what the de facto complainant wanted was a divorce in order to enable her to go with another man. It is not necessary to arrive at any finding on these allegations and counter allegations. These are matters to be considered in the Family Court, where the case is pending or in any other appropriate legal proceedings. The question involved in the bail application is only whether in the Bail Appln.No.7131/2011 : 3 : facts and circumstances of the case, anticipatory bail should be granted to the petitioners. Though no final conclusion could be arrived at, at this stage about the case put forwarded by the petitioners, prima facie, I am of the view that there is substance in the contention put forwarded by the petitioners. 5. Taking into account the peculiar facts and circumstances of the case, the nature of the offences 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 with 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. Bail Appln.No.7131/2011 : 4 : 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 skj True copy P.A. to Judge