IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Bail Appl..No. 918 of 2011(B) ---------------------------------------- [CRIME NO.17/2011 OF THE MELUKAVU POLICE STATION, KOTTAYAM DISTRICT] ................ PETITIONERS/ACCUSED 2 & 3: -------------------------------------------- 1. BRIGEET ABRAHAM, W/O.LATE ABRAHAM, AGED 74 YEARS, RESIDING AT MAZHAVANCHERIL HOUSE, MELUKAVU P.O. 2. JESSEY MATHEW, W/O.MATHEW, AGED 45 YEARS, KURUMUTTOMTHADATHIL, KANAKARY P.O. BY ADVS. SRI.SHAJI THOMAS PORKKATTIL, SRI. N. NAGARESH, SRI.BINU PAUL, SRI. T.V. VINU. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, MELUKAVU-686 652. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. MANU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ---------------------------------------------------- Bail Application No.918 of 2011 ----------------------------------------------------- Dated this the 11th day of February, 2011 ORDER In this petition filed under Sec.438 Cr.P.C. the petitioners who are accused Nos.2 & 3 in Crime No.17 of 2011 of Melukavu Police Station for an offence punishable under Section 498-A read with Section 34 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 petitioners. Accordingly, a direction is issued to the officer- in-charge of the police station concerned to release the petitioners on bail in the event of their arrest in connection with the above case on each of them 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.918/2010 -:2:- 1) The petitioners shall make themselves available for interrogation as and when required by the investigating officer. 2) The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3) The petitioners shall not commit any offence while on bail. 4) 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 petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V. RAMKUMAR, JUDGE skj