IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9422 of 2011 CRIME NO.905 OF 2011 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM PETITIONERS: ACCUSED NOS.2 TO 6: -------------------------------- 1. CHELLAPPAN, AGED 65 YEARS, GOWRI SADANAM, KANNAUMMOOLA, KAPPIL, EDAVA. 2. SUBHAGA, AGED 60 YEARS, W/O.CHELLAPPAN, GOWRI SADANAM, KANNAUMMOOLA, KAPPIL, EDAVA. 3. ASOKAN, AGED 46 YEARS, AMRUTHALAYAM, KANNAMODU, KAPPIL, EDAVA. 4. ANITHA, W/O.ASOKAN, AGED 42 YEARS, AMRUTHALAYAM, KANNAMODU, KAPPIL, EDAVA. 5. SINDHU, D/O.SULOCHANA, N.D.MANDIRAM, KANNAMODU, KAPPIL, EDAVA. BY ADV. SRI.P.N.SUKUMARAN SRI.P.S.APPU RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9422 OF 2011 ------------------------------------------------------ Dated this the 22nd day of November, 2011 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 to 6 in Crime No.905 of 2011 of Varkala Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. He is working in Indian Army. Accused Nos.2 and 3 are the father- in-law and mother-in-law of the defacto complainant. Accused No.4 is a relative of accused No.1 and accused No.5 is the wife of accused No.4. Accused No.6 is another relative of accused No.1. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BAIL APPL. NO.9422 OF 2011 :: 2 :: 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 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 Rupees Ten thousand 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 ahz/