IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4434 of 2009 CRIME NO.288 OF 2009 OF PERAMBRA POLICE STATION, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- RADHA, W/O.ACHUTHAN, AGED 57 YEARS, MALAYIL HOUSE, KADIYANGAD P.O., CHANGAROTH VILLAGE, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION, KOZHIKODE DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4434 OF 2009 ------------------------------------------------------ Dated this the 12th August, 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 the accused in Crime No.288 of 2009 of Perambra Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. The petitioner is the mother-in-law of Savitha, who was married to Sunil. Savitha committed suicide on 27.6.2009. The marriage took place only seven months before the date of incident. In the First Information Statement, there is no mention about cruelty on the part of the petitioner. The First Information Statement was given by the uncle of the deceased. 4. I have perused the case diary. It is not necessary to deal with the contention put forward by the learned counsel for the petitioner at this stage, since a finding on the merits of the case is not required at the time of consideration of the application for anticipatory bail. B.A. NO. 4434 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/