IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Bail Appl..No. 2330 of 2011() ----------------------------- CRIME NO. 191/2011 of KADACKAL POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.2 & 3 ------------------------------------------------- 1. FASEELA BEEVI, W/O.HAMZA, AGED 43, KATTUPUDUSSERIYIL VALIYAKUNNIL VEETTIL PALLICKAL P.O., CHIRAYINKEEZHU. 2. JAMEELA, W/O.HASSAN, KATTUPUDUSSERRIYIL ASAN PACHA VEETTIL, PALLICKAL P.O., CHIRAYINKEEZHU. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT/COMPLAINANT:- --------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KADACKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................... B.A. No.2330 of 2011 .................................. Dated this the 30th day of March, 2011. O R D E R In this Petition filed under Sec. 438 Cr.P.C. petitioners who are accused Nos. 2 and 3 in Crime No.191 of 2011 of Kadackal Police Station, Kollam for offences punishable under Sections 498A and 34 I.P.C., seek anticipatory bail. 2. The Public Prosecutor submitted that the 2nd petitioner who is the 3rd accused, has since been deleted from the array of accused. If so, the apprehension entertained by the 2nd petitioner (A3) is unfounded and her request for anticipatory bail is rejected. The learned Public Prosecutor, on instructions, submitted that after the conclusion of investigation a final report has already been filed before the trial Court. If so, it is not desirable to grant anticipatory bail to the first petitioner since she cannot be directed to appear before the Investigating Officer after the conclusion of investigation and after the matter is in the seizin of the Court. The appropriate order in such circumstances can only be one to direct the first petitioner (A2) to surrender before the trial Court and seek regular bail. Accordingly, the first petitioner is directed to surrender before B.A..No.2330/2011 -:2:- the trial Court and apply for regular bail within two weeks from today. In case the first petitioner complies with the above direction, the Magistrate or the Court concerned shall release her on bail inter alia the following conditions:- 1. The first petitioner (A2) shall appear before the Magistrate on all the dates of posting of the case. 2. The first petitioner (A2) shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 3. The first petitioner (A2) shall not commit any offence while on bail. 4. If the first petitioner (A2) commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is disposed of as above. Dated, this the 30th day of March, 2011. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.