IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5716 of 2011() ---------------------------------------- CRIME NO.1051/2011 OF KUNDARA POLICE STATION, KOLLAM DISTRICT --------------------------- PETITIONERS/ACCUSED --------------------------------------- 1. ANEESH JOHN KOSHY,S/O.LATE P.K.JOHN, PADAVILLA VEEDU,NEAR RAILWAY STATION,KUNDARA, KOLLAM DISTRICT. 2. REBECCAMMA JOHN,W/O.LATE P.K.JOHN, PADAVILLA VEEDU, NEAR RAILWAY STATION, KUNDARA,KOLLAM DISTRICT. 3. ANCY JOHN,D/O.LATE P.K.JOHN,PADAVILLA VEEDU,NEAR RAILWAY STATION,KUNDARA,KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA,THROUGH SUB INSPECTOR OF POLICE,KUNDARA,KOLLAM DISTRICT REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.5716 OF 2011 --------------------------------- Dated this the 20th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused Nos. 1 to 3 in Crime No.1051 of 2011 of the Kundara Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 498A read with 34 of the Indian Penal Code. 3. The 1st petitioner is the husband of the defacto complainant. The 2nd and 3rd petitioners are the mother and sister of the 1st petitioner. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A. No.5716 OF 2011 2 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 1st petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternative 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. B.A. No.5716 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms