IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4065 of 2009() ------------------------------------ CRIME NO. 1570/2009 OF ALUVA POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------------------- 1. RAJU, S/O.THANKAPPAN, AGED 56 YEARS, MAHESWARATH HOUSE, GANDHI NAGAR, ERUMATHALA P.O., ALUVA. 2. SUKUMARI, W/O.RAJU, AGED 55 YEARS, MAHESWARATH HOUSE, GANDHI NAGAR, ERUMATHALA P.O., ALUVA. BY ADV. SRI. V.N. SUNIL KUMAR RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. V.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4065 of 2009 ------------------------------------ Dated this the 24th day of July, 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 the first and second accused in Crime No. 1570/2009 of Aluva Police Station. 2. The offence alleged against the petitioners is under section 498 (A) of the Indian Penal Code. 3. The father of the victim wife gave information before the police alleging offence committed by the father-in-law and mother-in-law of the victim. The victim is a deaf and dumb woman. Her husband is also deaf and dumb. A crime was registered, as stated above, under Section 498(A) of the Indian Penal Code. 4. I have perused the Case Diary. 5. 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 B.A.No. 4065 of 2009 2 petitioners, the officer in charge of the police station shall release them on bail 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 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 ln