IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Bail Appl..No. 5471 of 2011() ----------------------------- CRIME NO.552/2011 OF EZHUKONE POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2: ---------------------------------------- 1. RAJEEVAN,S/O.ENANKAN,AGED 34 YEARS, SREELAKSHMI,MARANADU.P.O,PAVITHRESWARAM VILLAGE, FROM LEKSHMI VILASOM,NEELESWARAM.P.O,NEDUVATHOOR VILLAGE,KOTTARAKKARA TALUK. 2. BIJU LAL,S/O.VISWANATHAN,AGED 42 YEARS, PUTHUMANGALATHU VEEDU,IRUMPANANGADU.P.O, EZHUKONE,KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY S.I.OF POLICE,EZHUKONE POLICE STATION,THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5471 of 2011 --------------------------- Dated this the 12th day of July, 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.1 and 2 in Crime No.552 of 2011 of Ezhukone Police Station, Kollam. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that the first petitioner/first accused filed an Original Petition before the Family Court, Kottarakkara against the de facto complainant for divorce on 8.6.2011. It is submitted that the FIR was registered in the present case on 1.7.2011, after the filing of the Original Petition for divorce. BA 5471/2011 2 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 arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for ` 10,000/- 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) Before the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. BA 5471/2011 3 E) 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 csl