IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7827 of 2011() ----------------------------- CRIME NO. 417/2011 OF MANNAR POLICE STATION, ALAPPUZHA DISTRICT ....... PETITIONERS / ACCUSED NOS.1 TO 3 : --------------------------------- 1. SIVAKUMAR, AGED 32 YEARS, S/O.SIVADASAN, KUNNAKKATTU KIZHAKKETHIL SIVA VILLA, KUTTAMPEROOR MURI, MANNAR VILLAGE, CHENGANNUR TALUK. 2. REMANI, AGED 50 YEARS, W/O. SIVADASAN, OF DO. DO. 3. SIVADASAN, AGED 55 YEARS, OF DO. DO. ADDL. P4 IMPLEADED *4. RAMYA RAJAN, D/O. LATE RAJAN, RAMYA BHAVAN, PAVUKKARA MURI, KURITTISSERY VILLAGE, ALAPPUZHA DISTRICT - 689 622. *ADDL.P4 IMPLEADED AS PER ORDER DATED 30/9/2011 IN CRL.M.A. NO. 6586/2011. BY ADVS. SRI.N.ASHOK KUMAR R4 BY ADVS. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT / COMPLAINANT : -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANNAR POLICE STATION, ALAPPUZHA DISTRICT - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ................................... Bail Application No. 7827 of 2011 .................................. Dated this the 30th day of September, 2011 O R D E R In this Petition filed under 438 Cr.P.C. the petitioners who are accused Nos. 1 to 3 in Crime No. 417/2011 of Mannar Police Station, Alappuzha District for an offence punishable under Sec. 498 A read with Section 34 I.P.C. seeks anticipatory bail. 2. I heard the learned counsel for the petitioners, the learned Public Prosecutor, and the learned counsel for the defacto complainant. 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 petitioner. 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 the petitioners executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: Bail A.No.7827/2011 -:2:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners 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 petitioners commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 30th day of September, 2011. V.RAMKUMAR, JUDGE. dnc