IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Bail Appl..No. 9384 of 2011() ----------------------------- CRIME NO.418/2011 OF IRIKKOOR POLICE STATION .................... PETITIONER/2ND ACCUSED -------------------------------- JASMIN.V.A,D/O.MOHAMMEDALY,VALIYAKATH HOUSE,ASHTAMICHIRA.(PO),VIA MALA, THRISSUR DISTRICT-680731. BY ADV. SRI.M.H.HANIL KUMAR SRI.M.R.DHANIL RESPONDENT(S): STATE -------------------- 1. SUB INSPECTOR OF POLICE,IRIKKOOR POLICE STATION,IRIKKOOR,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 682 031. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 682 031. PUBLIC PROSECUTOR SRI.T.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9384 of 2011 --------------------------- Dated this the 19th 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 petitioner is accused No.2 in Crime No.418 of 2011 of Irikkoor Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 498A, 406 and 420 read with Section 34 of the Indian Penal Code. 3. The de facto 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. It is stated that the petitioner is the former wife of the first accused. After divorcing the petitioner, the first accused married the de facto complainant. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I BA 9384/11 2 am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required ; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; C) The petitioner 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 csl