IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8479 of 2011 ----------------------------------- CRIME NO. 708/2011 OF CHANDERA POLICE STATION, KASARGOD DISTRICT ........................................................ (S): PETITIONER/ACCUSED NO.3 ------------------------------------------- P.P.SAVITHRI,W/O.PADMANABHAN NAMBIAR, AGED 58,SAMSAI HOUSE,ADUTHILA THERU, PAZHAYANGADI PO,KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA,(SUB INSPECTOR OF POLICE CRIME NO.708/2011 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.Nos.8479 & 9062 of 2011 ----------------------------------------------------- Dated this the 11th day of November, 2011 ORDER Bail Application No.8479 of 2011 is filed by accused No.3 in Crime No.708 of 2011 of Chandera Police Station. Bail Application No.9062 of 2011 is filed by accused Nos.1 and 4 in that Crime. 2. The offence alleged against the accused is under Section 498-A read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the de facto complainant. Accused No.3 is his mother and accused No.4 is the brother. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. It is submitted that the first accused is a Major in Military Service. Accused No.4 is Commander in Indian Army. The counsel also submitted that several rounds of mediation took place between the parties. The learned counsel for the petitioners submitted that accused No.3, the mother-in-law of the de facto complainant, underwent a surgery for cancer and her rectum was removed. 6. Taking into account the facts and circumstances of the Bail Appln.Nos.8479 & 9062/2011 : 2 : 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 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. The Bail Applications are allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj