IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Bail Appl..No. 4915 of 2011() ----------------------------- CRIME NO.166/2011 OF THRITHALA POLICE STATION PETITIONERS/ACCUSED 1 & 2 -------------------------- 1. SANJEEV,S/O.VIJAYALAKSHMI,AGED 39 YEARS, RESIDING AT 'SINDHU NIVAS',KODALOOR ROAD,MARUTHOOR, PATTAMBI. 2. VIJAYALAKSHMI,W/O.LATE RATNAKARAN NAIR, AGED ABOUT 65 YEARS,RESIDING AT SINDHU NIVAS,KODALOOR ROAD,MARUTHOOR,PATTAMBI. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: --------------- 1. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, THRITHALA ,PATTAMBI. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Appln.No.4915 of 2011 ----------------------------------------------------- Dated this the 29th day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.1 & 2 in Crime No.166 of 2011 of Thrithala Police Station for an offence punishable under Section 498-A read with Section 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor on instructions submitted that the second petitioner who was originally A2 has since been deleted and first petitioner is presently the sole accused in the case. If so, the apprehension of arrest and harassment entertained by second petitioner is unfounded. This petition so far as it relates to second petitioner is dismissed. 3. After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930), I am inclined to grant anticipatory bail to the first petitioner (sole accused). Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the first petitioner (sole accused) on bail in the event of his arrest in connection with the above case on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions:- Bail Appln.No.4915/2011 : 2 : 1. The first petitioner (sole accused) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The first petitioner (sole accused) shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The first petitioner (sole accused) shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The first petitioner (sole accused) shall not commit any offence while on bail. 5. The bail granted pursuant to this order shall be in force till the end of the trial of the case unless and until it is cancelled by this Court in accordance with paragraph 103 of the verdict in Siddharam Satlingappa Mhetre's case (supra). If the first petitioner (sole accused) commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above. Dated this the 29th day of June, 2011. V.RAMKUMAR, JUDGE skj