IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 2962 of 2009 CRIME NO.99 OF 2009 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONERS/ACCUSED NOS.3 AND 4: -------------------------------------- 1. CHANDRIKA, W/O.JACKSON, JITHU BHAVAN, SASTHAMPARA, NEDUMANGAD, TRIVANDRUM DISTRICT. 2. JACKSON, S/O.JOSEPH JOHN, JITHU BHAVAN, SASTHAMPARA, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2962 OF 2009 ------------------------------------------------------ Dated this the 18th 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.3 and 4 in Crime No.99 of 2009 of Neyyardam Police Station. 2. The offences alleged against the accused persons are under Sections 498A and 304B of the Indian Penal Code. 3. The first accused is the husband of the deceased; the second accused is the mother-in-law; the third accused is the sister-in-law and the fourth accused is the husband of the third accused. It is stated that accused Nos.1 and 2 were arrested on 26.4.2009 and bail was granted to them by this Court on 22.5.2009. It is submitted by the counsel for the petitioners that in the facts and circumstances of the case, it is not necessary to arrest the petitioners for the proper culmination of the investigation. It is also stated by the counsel for the petitioners that the allegations do not reveal the offence against the petitioners. It is not necessary to arrive at a finding on that aspect in this Bail Application as any such finding or observation would prejudice either the prosecution or the accused. B.A. NO. 2962 OF 2009 :: 2 :: 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 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 petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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; 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 ahz/