IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6166 of 2011() ----------------------------- CRIME NO.307 OF 2011 OF KOIPURAM POLICE STATION. PETITIONERS ------------------------------ 1. THOMAS M.KARINJAPPALLY S/O.MATEHW.M,AGED 48 YEARS, SATHYAPURAM HOUSE, KAPPIL,KAYAMKULAM, ALAPPUZHA DISTRICT 2. MARY KUTTY, W/O.M.MATHEW AGED 75 YEARS, SATHYAPURAM HOUSE, KAPPIL,KAYAMKULAM, ALAPPUZHA DISTRICT 3. MATHEWS M.KARINJAPPALLY AGED 85 YEARS, SATHYAPURAM HOUSE, KAPPIL,KAYAMKULAM, ALAPPUZHA DISTRICT BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.307 OF 2011 OF KOIPURAM POLICE STATION) BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6166 OF 2011 --------------------------------- Dated this the 3rd day of August, 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.307 of 2011 of the Koipuram Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 498-A, 323, 324, 341 and 342 read with 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. Accused Nos.2 and 3 are the parents of accused No.1, who are aged 75 years and 85 years respectively. It is stated that the defacto complainant filed a complaint before the Magistrate's Court and it was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was B.A. No.6166 OF 2011 2 registered. 4.Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 1st petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, 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. B.A. No.6166 OF 2011 3 D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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. cms