IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Bail Appl..No. 9476 of 2011 CRIME NO.508 OF 2011 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED NOS.1 TO 4: -------------------------------------- 1. K.M.MANOJ,S/O.MADHAVAN, KARIMPIL VEETTIL, KADAPRA, MANNAR VILLAGE, THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT. 2. PONNAMMA,W/O.MADHAVAN OF DO. 3. MADHU,S/O.MADHAVAN OF DO. 4. SHEEJA,D/O.MADHAVAN OF DO. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SMT.R.REMA. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9476 OF 2011 ------------------------------------------------------ Dated this the 21st day of November, 2011 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.1 to 4 in Crime No.508 of 2011 of Pulikeezhu Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 406, 498A and 323 read with Section 34 of the Indian Penal Code. 3. First petitioner is the husband of the defacto complainant. The other petitioners are the mother, brother and sister of the first petitioner. 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, the crime was registered. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BAIL APPL. NO. 9476 OF 2011 :: 2 :: 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 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner 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) 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/