IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 6613 of 2011() -------------------------------------- CRIME NO.1051/2011 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT. ....... PETITIONER/ ACCUSED NO.4,5 & 6 ---------------------------------------------------- 1. ACHAMA ABRAHAM,AGED 68,W/O. ABRAHAM, THYKADAVIL,THENGELI P.O.,KUTTOOR, THIRUVALLA. 2. BIJI SUNIL,PALATHARA HOUSE,KARIMPA P.O., EDAKKURUSHI,PALAKKAD. 3. P.I. ABRAHAM,PULAYAKUNNEL, ERAVIPEROOR,NELLAD,THIRUVALLA. BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENT(S): COMPLAINANT ------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6613 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4, 5 and 6 in Crime No.1051 of 2011 of Thiruvalla Police Station, Pathanamthitta District. 2. The offence alleged against the petitioners is under Section 498-A read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor and also the counsel appearing for the de facto complainant. The counsel for the de facto complainant submitted that she has no objection to grant anticipatory bail to the petitioners. 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 the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Bail Appln.No.6613/2011 : 2 : `10,000/- (Rupees Ten thousand only) 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 skj