IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 5823 of 2009 CRIME NO.556 OF 2009 OF PARIPPALLY POLICE STATION, KOLLAM PETITIONERS/ACCUSED -------------------------------------- 1. SHIBU KUMAR, S/O.GOPALA KRISHNA KURUP, AGED 33 YEARS, RESIDING AT THEKKEVILA VADAKKATHIL (VRINDHAVANAM), CHIRAKKARA THAZHAM CHERRY, CHIRAKKARA VILLAGE, KOLLAM. 2. GOPALA KRISHNA KURUP, AGED 65 YEARS, RESIDING AT THEKKEVILA VADAKKATHIL (VRINDHAVANAM), CHIRAKKARA THAZHAM CHERRY, CHIRAKKARA VILLAGE, KOLLAM. 3. SUMATHY AMMA, AGED 55 YEARS, RESIDING AT THEKKEVILA VADAKKATHIL (VRINDHAVANAM), CHIRAKKARA THAZHAM CHERRY, CHIRAKKARA VILLAGE, KOLLAM. BY ADV. SRI.HARISH GOPINATH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5823 OF 2009 ------------------------------------------------------ Dated this the 9th day of March, 2010 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, 3 and 2 in Crime No.556 of 2009 of Parippally Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 498A and 377 read with Section 34 of the Indian Penal Code. 3. The first petitioner is the husband of the de facto complainant. The second and third petitioners are the father-in-law and mother-in-law of the de facto complainant. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the B.A. NO. 5823 OF 2009 :: 2 :: case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. 6. 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 Rs.15,000/- 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 ahz/