IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5276 of 2011() ----------------------------------------- CRIME NO.1693/2011 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT ------------------------------ PETITONERS/ACCUSED NO. 1 & 2 -------------------------------------------------- 1. VINOD.B,AGED 34 YEARS,VINOD BHAVAN, PARAYILKKAVU,NEDUNGOLAM,KOLLAM. 2. PADMINI,AGED 55 YEARS,W/O.BALAKRISHNAN, VINOD BHAVAN,PARAYILKKAVU,NEDUNGOLAM,KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU. S RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.5276 OF 2011 --------------------------------- Dated this the 21st 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 1st and 2nd accused in Crime No.1693 of 2011 of the Aluva Police Station. 2. The offence alleged against the petitioners is under Section 498A read with 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, a crime was registered. The 1st petitioner is the husband and the 2nd petitioner is the mother- in-law of the defacto complainant. 4. Heard the learned counsel for the petitioners and B.A. No.5276 OF 2011 2 the learned Public Prosecutor. 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 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) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.5276 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms