IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3254 of 2009(B) ----------------------------------------- CRIME NO.403/2009 OF KAYAMKULAM POLICE STATION PETITIONERS/ACCUSED NOS. 2,3 & 4: ------------------------------------------------------ 1. RANJAN, PUTHENTHARAYIL, KAPPIL EAST MURI, KRISHNAPURAM P.O, KAYAMKULAM. 2. VIJAYAMMA, W/O. RAJAN, PUTHENTHARAYIL, KAPPIL EAST MURI, KRISHNAPURAM P.O, KAYAMKULAM. 3. VIJAYALAKSHMI, W/O. REJI, LATHALAYAM, NJAKKANAL. P.O, OCHIRA, KOLLAM DISTRICT. BY ADV. SRI.K.HARILAL RESPONDENT(S): ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3254 of 2009 ------------------------------------ Dated this the 17th day of June, 2009 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, 3 and 4 in Crime No.403/2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 498A, 308 and 312 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Court of Judicial Magistrate of the First Class, Kayamkulam, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. The police registered the crime. Accused Nos. 2 to 4 are respectively the father in law, mother in law and sister in law of the defacto complainant. 4. I have gone through the case diary. Serious allegations are made against the husband of the defacto complainant. 5. Taking into account the facts and circumstances of the B.A. No.3254/2009 2 case and the allegations made against the petitioners, 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 for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The first petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. B.A. No.3254/2009 3 F) 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 scm