IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9482 of 2011() ------------------------- CRIME NO.92/2011 OF THANNITHODE POLICE STATION PATHANAMTHITTA DISTRICT PETITIONERS/ACCUSED NO.1 & 2 : -------------------------------- 1. SATHEESH KUMAR, S/O.CHELLAPPAN NAIR, KOTTAKKADU VEEDU, THANNITHODE, KOZHENCHERRY, PATHANAMTHITTA. 2. SARASWATYAMMA, W/O.CHELLAPPAN NAIR, KOTTAKKADU VEEDU, THANNITHODE, KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM RESPONDENTS: STATE -------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THANNITHODE POLICE STATION, THANNITHODE, PATHANAMTHITTA. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9482 of 2011 ---------------------------------------------- Dated this the 25th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.92 of 2011 of Thannithode Police Station, Pathanamthitta District. 2. The offence alleged against the petitioners is under Section 498-A read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The first accused is the husband of the de facto complainant. The second accused is the mother of accused No.1. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, Bail Appln.No.9482/2011 : 2 : 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 first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, 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. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.9482/2011 : 3 : 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 skj True copy P.A. to Judge