IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9824 of 2011() -------------------------------------- CRIME NO.1148/2011 OF MUNAMBAM POLICE STATION, ERNAKULAM DISTRICT .................... PETITIONER/ACCUSED NO.2 ---------------------------------------------- OMANA BHARGAVAN, AGED 60 YEARS, W/O.BHARGAVAN,KADUVANGASSERY HOUSE, WARD NO.21,PALLIPURAM VILLAGE,ERNAKULAM BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN SRI.K.J.JOSEPH (ERNAKULAM) RESPONDENT(S)/ COMPLAINANT --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, MUNAMBAM POLICE STATION (CRIME NO.1148/2011) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, COCHIN-31 BY PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J ---------------------------- B.A.No.9824 of 2011 -------------------------------------------- Dated this the 6th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1148/2011 of Munambam Police Station. 2. The offence alleged against the petitioner is under Sections 498A and 306 r/w 34 of Indian Penal Code. 3. The petitioner is the mother in-law of the deceased. The wife of the first accused committed suicide by hanging. The first accused was arrested and it is stated that he is undergoing detention in judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for `10,000/- (Rupees B.A.No.9824 of 2011 2 Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner 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 pm