IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2246 of 2009() ------------------------------------------ (CRIME NO.419/2009 OF FORTKOCHI POLICE STATION) .................... PETITIONERS/ACCUSED 2 TO 5: ------------------------------------------------- 1. FATHIMA, AGED 49 YEARS, W/O. YOUSAF, 'SAJI MANZIL', H.NO.III/210,ERAVELI COLONY, FORTKOCHI VILLAGE, KOCHI-1. 2. SAFIYA,AGED 67 YEARS,D/O. MOHAMMED, SAJI MANZIL,H.NO.III/210,ERAVELI COLONY, FORTKOCHI VILLAGE, KOCHI-1. 3. SABITHA, AGED 27 YEARS, W/O. NIZAR, "SAJI MANZIL" H.NO. III/210,ERAVELI COLONY, FORTKOCHI VILLAGE, KOCHI-1. 4. SAJEENATH, AGED 23 YEARS, W/O. SAWAD, "SAJI MANZIL" H.NO.III/210,ERAVELI COLONY, FORTKOCHI VILLAGE, KOCHI-1. BY ADV. MR.BIMAL PRASAD RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------ STATE OF KERALA,REP.BY S.I. OF POLICE, FORTKOCHI POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. NOBLE MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 2246 OF 2009 ```````````````````````````````````````````````````` Dated this the 12th day of May, 2009 O R D E R The petitioners herein are accused 2 to 5 in Crime No.419/2009 of Fort Kochi Police Station, who are the mother in law, her sister and two daughters in law of the de facto complainant. The allegation against them is that they have committed offence punishable under sections 498A, 120B, 313, 406 and 34 IPC. The case of the prosecution is that the de facto complainant was subjected to cruelty in connection with demand for dowry and that her movable property has been misappropriated by the accused 2 to 5, who are her husband, mother in law, sister of the mother in law and sister's husband. It is the case of the petitioners that the 1st accused, who is the husband of the de facto complainant, and the de facto complainant are now living separately and they have been unnecessarily implicated in the crime and they are absolutely innocent on the allegations. 2. In the nature of the allegations and the progress of the investigation, I think the petitioners can be granted the relief of BA.2246/09 : 2 : anticipatory bail. 3. In the circumstances, this bail application is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) In the event of their arrest, the petitioners herein shall be enlarged on bail on each of them executing a bond for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer conducting the arrest. ii) The petitioners shall co-operate with the investigation and for that purpose, they shall report before the investigating officer as and when their presence is required by the investigating officer, till the final report is laid. (iii) The petitioners shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. (C.T. RAVIKUMAR, JUDGE) aks