IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2859 of 2008 ( ) ----------------------------------- CRIME NO.558/07 OF WADAKKANCHERY POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------ 1. C.FRANCIS JOSE, S/O.LATE C.P.JOSE AGED 33 YEARS, RESIDING AT CHAWLLORE HOUSE ANGEL COTTAGE, P.O.PUTHOOR, PALAKKAD VILLAGE PALAKKAD DISTRICT. 2. ALPHONSA JOSE, W/O.LATE C.P.JOSE AGED 55 YEARS, RESIDING AT CHAWLLORE HOUSE ANGEL COTTAGE, P.O.PUTHOOR, PALAKKAD VILLAGE PALAKKAD DISTRICT. 3. C.JOSY JOSE, S/O.LATE C.P.JOSE AGED 28 YEARS, RESIDING AT CHAWALLORE HOUSE ANGEL COTTAGE P.O., PUTHOOR, PALAKKAD VILLAGE PALAKKAD DISTRICT. 4. FEMY JOSY, W/O.C.JOSY JOSE AGED 21 YEARS, RESIDING AT CHAWALLORE HOUSE ANGEL COTTAGE P.O., PUTHOOR, PALAKKAD VILLAGE PALAKKAD DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT: COMPLAINANT ----------------------------------- STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, WADAKKANCHERRY POLICE STATION (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM) BY PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2859 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. Petitioners are respectively accused Nos.1 to 4 in Crime No.558/07 of Wadakkanchery Police Station registered for offence under Section 498A and 306 of the IPC consequent on suicide committed by the wife of the first petitioner. Second petitioner is the mother and the third petitioner is the brother of the first petitioner and the fourth petitioner is the wife of the third petitioner. The incident has taken place on 31/12/07 and despite dismissal of applications for anticipatory bail filed before the Sessions Court, Thrissur having been dismissed vide Annexures-A2 and A3 orders respectively on 25/01/08 and 19/03/08, the police did not want to have the petitioners taken into custody for the purpose of the case. In the circumstances, it is only proper that the petitioners are granted anticipatory bail imposing stringent conditions. In the result, allowing this application, I direct that the B. A. No.2859 of 2008 -2- petitioners shall surrender before the Magistrate concerned positively on or before 13/5/2008 and shall deposit by way of cash security an amount of Rs.3,000/- each and shall thereafter execute bail bond for Rs.15,000/- each with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioners can be enlarged on bail. On such release, the petitioners shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioners, if need be, and the Magistrate granting it if deemed fit, necessary and legal. On release, the petitioners shall co-operate with the investigation in the case, shall not get themselves involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of B. A. No.2859 of 2008 -3- appearing before the Investigating Officer, move beyond the territorial limits of the town in which they are having their permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-