IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5559 of 2009() --------------------------------------- CRIME NO.410/2009 OF ANCHALUMMOODU POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.2 & 3 ------------------------------------------------- 1. OMANA AMMA, AGED 70 YEARS, W/O. APPUKUTTAN PILLAI, KANKKODU THODIYIL VEEDU, NEAR MANCHADI MUKKU, ASHTAMUDI P.O., THRIKKARUVA VILLAGE, KOLLAM DISTRICT. 2. APPUKUTTAN PILLAI, AGED 76 YEARS, KANKKODU THODIYIL VEEDU, NEAR MANCHADI MUKKU, ASHTAMUDI P.O., THRIKKARUVA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5559 of 2009 ------------------------------------ Dated this the 5th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 & 3 in Crime No.410/2009 of Anchalummoodu Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 498A, 511 and 312 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the Case Diary also. It is submitted that the petitioners are the mother in law and the father in law of the defacto complainant. It is submitted that the petitioners are aged 70 years and 76 years respectively. 4. Taking into account the facts and circumstances of the case, the nature of the offence 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 B.A. No. 5559/ 2009 2 them on bail on their executing bond for Rs.25,000/-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) 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 scm