IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4039 of 2009() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2994/2009 CRIME NO. 1038/2009 OF TRIPUNITHURA HILL PALACE POLICE STATION .................... PETITIONERS: -------------------- 1. DEEPESH CHANDRAN, AGED 30 YEARS, SON OF P.N. CHANDRAN, 'DEEPAM', HOUSE NO.2/123, VALATHAT LANE, EROOR- TRIPUNITHURA ROAD, EROOR NORTH P.O., KOCHI-682 306. 2. P.N. CHANDRAN, AGED 64 YEARS, SON OF NARAYANAN KRISHNAN, 'DEEPAM', HOUSE NO.2/123, VALATHAT LANE, EROOR-TRIPUNITHURA ROAD, EROOR NORTH P.O., KOCHI-682 306. 3. SUDHA CHANDRAN, AGED 54 YEARS, WIFE OF P.N.CHANDRAN, 'DEEPAM', HOUSE NO.2/123, VALATHAT LANE, EROOR, TRIPUNITHURA ROAD, EROOR NORTH P.O., KOCHI-682 306. 4. DEEPA SONU - ALIAS - DEEPA CHANDRAN, AGED 31 YEARS, WIFE OF SAJU SOBHA, 'DEEPAM', HOUSE NO.2/123, VALATHAT LANE, EROOR, TRIPUNITHURA ROAD, EROOR NORTH P.O., KOCHI-682 306. BY ADVS. SRI. BOBY MATHEW SRI. E.T.MATHEW RESPONDENTS: ---------------------- 1. STATION HOUSE OFFICER, TRIPUNITHURA HILL PALACE STATION, TRIPUNITHURA, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KANJAR POLICE STATION, PANNIMATTAM, THODUPUZHA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V.YEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4039 of 2009 ------------------------------------ Dated this the 24th day of July, 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 persons in Crime No.1038/2009 of the Tripunithura Hill Palace Police Station. 2. The offence alleged against the petitioners is under section 498 (A) of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Chief Judicial Magistrate, Thodupuzha which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly Crime No. 264/2009 of Kanjar Police Station was registered, which was subsequently transferred to Hill Palace Police Station, Tripunithura. It was registered as Crime No. 1038/2009. 4. I have 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 B.A.No. 4039 of 2009 2 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 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 ln