IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10121 of 2011() ------------------------------ OPD.889/2011 of FAMILY COURT, THIRUVALLA Crime No.1246 of 2011 of Pathanapuram Police Station, Pathanamthitta District .................... PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------------- 1. K.K.STALIN, S/O. LATE K.KUNJACHAN, AGED 39 YEARS, KADAMMATTU HOUSE, POOVANPARA, MANGARAM, KONNI, KOZHENCHERRY, PATHANAMTHITTA. 2. KUNJAMMA, W/O. LATE KUNJACHAN, AGED 70, KADAMMATTU HOUSE, POOVANPARA, MANGARAM, KONNI, KOZHENCHERRY, PATHANAMTHITTA. 3. SHERLY, W/O. PAPPACHAN, AGED 44, KADAMMATTU HOUSE, POOVANPARA, MANGARAM, KONNI KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE PATHANAPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.10121 OF 2011 --------------------------------- Dated this the 14th day of December, 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.1246 of 2011 of Pathanapuram Police Station, Pathanamthitta District. 2. The offence alleged against the petitioners is under Section 498A read with 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. Accused No.2 is the mother and accused No.3 is the sister-in-law of accused No.1. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A.No. 10121 OF 2011 2 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 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. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) The petitioners shall cooperate with the investigating officer in the matter of investigation. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 10121 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms