IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5669 of 2009() ------------------------------------------- CRIME NO.590/2009 OF KORATTY POLICE STATION, THRISSUR. PETITIONER/ACCUSED NO.2: -------------------------------------------- ELIYAMMA, AGED 60, W/O.GEORGE, CHIRAKKAL VEETIL, KONOOR DESOM, MURINGOOR THEKKUMMURI VILLAGE. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5669 of 2009 ------------------------------------ Dated this the 12th day of October, 2009 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.590/2009 of Koratty Police Station. 2. The offences alleged against the petitioner are under Sections 498 A and 306 read with Section 34 of the Indian Penal Code. 3. The daughter in law of the petitioner committed suicide by hanging. It is alleged that she committed suicide on account of the cruelty meted out by the accused persons, who are the husband and mother in law of the deceased. The first accused was arrested and he was released on bail after remaining in judicial custody for more than one month. It is submitted that the petitioner is aged 60 years. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I B.A. No. 5669/ 2009 2 am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs.15,000/- 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 scm