IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1726 of 2010 CRIM3 NO.103 OF 2010 OF OACHIRA POLICE STATION PETITIONERS --------------------- 1. AJITHA KUMARI, AGED 26 YEARS, W/O.BIJUMON, RESIDING AT PUTHENVILA, KARIMAKKADU, THRIKKAKKARA, ERNAKULAM DISTRICT. 2. P.GOPALAN, S/O.LATE PADMANABHAN, RESIDING AT PUTHENVILA, KARIMAKKADU, THRIKKAKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.M.S.UNNIKRISHNAN RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NUMBER NOT KNOWN OF OACHIRA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1726 OF 2010 ------------------------------------------------------ Dated this the 25th day of March, 2010 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.1 and 2 in Crime No.103 of 2010 of Oachira Police Station. 2. The offence alleged against the petitioners is under Section 380 read with Section 34 of the Indian Penal Code. 3. The de facto complainant is the father-in-law of the first petitioner. He filed a complaint before the Court of the Judicial Magistrate of the First Class, Karunagappally, 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 second petitioner is the father of the first petitioner. The allegation is that the petitioners took away the key of the locker in which the ornaments of the first petitioner are placed. The B.A. NO. 1726 OF 2010 :: 2 :: ornaments admittedly belong to the first petitioner. It is also alleged that a sum of Rs.23,000/- belonging to the de facto complainant was taken by the petitioners. 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 relationship between the parties and the allegations and counter allegations, I am of the view that anticipatory bail can be granted to the petitioners. 7. 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.15,000/- each with two solvent sureties each 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; B.A. NO. 1726 OF 2010 :: 3 :: 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 ahz/