IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 1983 of 2010() --------------------------------------- CRIME NO.373/2009 OF KALADY POLICE STATION. ....... PETITIONER/ACCUSED -------------------------------------- 1. ROY.B.THACHERY,S/O. BALAKRISHNAN, THACHERY HOUSE, KACHERIPADY, NORTH PARAVUR, ERNAKULAM DISTRICT. 2. GIRIJA ROY, W/O. ROY.B.THACHERY, THACHERY HOUSE, KACHERIPADY, NORTH PARAVUR, ERNAKULAM DISTRICT. 3. RESHMA ROY, D/O. ROY.B.THATHERY, THACHERY HOUSE, KACHERIPADY, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE STATION HOUSE OFFICER, (PERUMBAVOOR POLICE STATION) ERNAKULAM DISTRICT). * CORRECTED AS ''KALADY POLICE STATION'' AS PER ORDER DTD.7.4.2010 IN CRL.MA. 1792/2010. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 1983 of 2010 ----------------------------- Dated this the 21st day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 409, 420, 451, 468, 471 and 506 read with Section 120 B and 34 of the Indian Penal Code. Petitioners are husband, wife and daughter. A private complaint was filed by the de facto complainant before the Magistrate Court and on reference to police, a crime was registered against the petitioner. 3. Heard both sides. It appears that there is a civil dispute in connection with the same transaction and the parties are relatives. Learned Public Prosecutor also submitted that allegations appear to constitute civil dispute and he has no objection in granting anticipatory bail, but condition may be imposed. 4. On hearing both sides and on going through the documents, I am satisfied that petitioners can be granted anticipatory bail on conditions. B.A. No. 1983 of 2010 2 5. Hence the following order is passed. 1. First petitioner shall report before the investigating officer within 7 days from today and co-operate with the investigation. 2. Petitioners shall appear before the Magistrate Court concerned within 7 days from today and they shall be released on bail on their executing bond for Rs. 25,000/-each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on the following condition: i) Petitioners shall report before the investigating officer as and when directed and co-operate with the investigation. ii) Petitioners shall not influence or intimidate the witnesses or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln B.A. No. 1983 of 2010 3