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. 9206 of 2011 CRIME NO.989 OF 2011 OF CHENGANNUR POLICE STATION, ALAPPUZHA. PETITIONERS/ACCUSED 2 & 3 --------------------------------------------- 1. VIJAYAN, AGED 63 YEARS, S/O. RAGHAVAN, BOOTHANKUNNU KIZHAKKECHARUVIL HOUSE, PERINGALA MURI, MULAKKUZHA VILLAGE, CHENGANNUR. 2. PONNAMMA, AGED 58 YEARS, W/O. VIJAYAN, OF DO-DO- BY ADV. SRI.N.ASHOK KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 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. 9206 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 and 3 in Crime No.989 of 2011 of Chengannur Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 498A, 323 and 324 read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. Accused Nos.2 and 3 are the father and mother of accused No.1. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. In paragraph 5 of the Bail Application, it is stated thus: BAIL APPL. NO. 9206 OF 2011 :: 2 :: “5. The petitioners or their son (1st accused) have not committed any offence. In fact the defacto complainant, her parents and police came to the house of the petitioners and they have assaulted the 1st and 3rd accused. they have undergone treatment at Government Hospital, Chengannur. A copy of the wound certificate dated 21.10.2011 in respect of 1st accused issued by Taluk Government Hospital, Chengannur is produced herewith and marked as Annexure I. A copy of the wound certificate dated 21.10.2011 in respect of 3rd accused issued by Taluk Government Hospital, Chengannur is produced herewith and marked as Annexure II.” 6. 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: BAIL APPL. NO. 9206 OF 2011 :: 3 :: 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/