IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Bail Appl..No. 7291 of 2011() ----------------------------- CRIME NO.857/11 OF HOSDURG POLICE STATION PETITIONERS: ACCUSED 2-5: -------------------------------- 1. H.USHADEVI, AGED 45 YEARS, D/O.VASUDEVA RAO, ANIL NIVAS, NEAR CATHOLIC CHURCH, T.B.ROAD, KANHANGAD, KASARGOD DISTRICT. 2. VIVEKANANDAN H., AGED 32 YEARS, S/O.VASUDEVA RAO, ANIL NIVAS, NEAR CATHOLIC CHURCH, T.B.ROAD, KANHANGAD, KASARGOD DISTRICT. 3. JAGADEESHAN H., AGED 34 YEARS, S/O.VASUDEVA RAO, ANIL NIVAS, NEAR CATHOLIC CHURCH, T.B.ROAD, KANHANGAD, KASARGOD DISTRICT. 4. KAMALA K., AGED 70 YEARS, W/O.VASUDEVA RAO, ANIL NIVAS, NEAR CATHOLIC CHURCH, T.B.ROAD, KANHANGAD, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7291 of 2011 --------------------------- Dated this the 27th day of September, 2011 O R D E R This is an application for anticipatory under Section 438 of the Code of Criminal Procedure. The petitioners apprehend arrest in Crime No.857 of 2011 of Hosdurg Police Station. They say that they are accused Nos.2 to 5 in the crime. The learned Public Prosecutor submitted that accused No.2 is one Ushakumari. The learned counsel for the petitioners submits that the first petitioner and Ushakumari is one and the same person. The learned Public Prosecutor submitted that petitioners 2 to 4 are not arrayed as accused in the case. 2. The offence alleged against the petitioner is under Section 498A read with Section 34 of the Indian Penal Code. 3. As per the order dated 2.9.2011 in Bail application No.6921 of 2011, anticipatory bail was granted to accused No.1, accused No.1 being the brother of accused No.2. BA 7291/11 2 4. 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 first petitioner (second accused). There will be a direction that in the event of arrest of the first petitioner, the officer in charge of the police station shall release her on bail on her executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The first petitioner shall appear before the investigating officer for interrogation as and when required ; B) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; C) The first petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The prayer for bail made by petitioners 2 to 4 need not be BA 7291/11 3 considered in view of the submission made by the learned Public Prosecutor that they are not accused in the case. The Bail Application is disposed of as above. K.T.SANKARAN JUDGE csl