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. 5436 of 2011() ----------------------------- (CRIME NO.737/2011 OF KADAKKAL POLICE STATION) PETITIONERS/ACCUSED 2 TO 5 ---------------------------------------------- 1. SARASA, W/O.RETHNAKARAN, CHARUVILA PUTHEN VEEDU, AZANTHAKUZHI, NILAMEL VILLAGE, KOTTARAKKARA, KOLLAM. 2. RATHNAKARAN, S/O.RAMAKRISHNAN, CHARUVILA PUTHEN VEEDU, AZANTHAKUZHI, NILAMEL VILLAGE, KOTTARAKKARA, KOLLAM. 3. BINDHU, D/O.SARASA, CHARUVILA PUTHEN VEEDU, AZANTHAKUZHI, NILAMEL VILLAGE, KOTTARAKKARA, KOLLAM. 4. BINI, D/O.SARASA, CHARUVILA PUTHEN VEEDU, AZANTHAKUZHI, NILAMEL VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU 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.5436 OF 2011 --------------------------------- Dated this the 12th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are the accused Nos.2 to 5 in Crime No.737 of 2011 of the Kadakkal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 498-A read with 34 of the Indian Penal Code. 3. The first accused is the husband of the defacto complainant. Accused Nos.2 to 5 are respectively the mother, the father and sisters of the first accused. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A. No.5436 OF 2011 2 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 for a period of one month on their executing bond for `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) Before the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.5436 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms