IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9357 of 2011() ----------------------------- IN CRIME NO.186/2011 OF KODUMON POLICE SATATION PETITIONERS(S): /ACCUSED --------------------------------------- 1. HEMACHANDRAN @ ANIL, AGED 41 YEARS, S/O.LATE BALAKRISHNAN NAIR, MALIKAYKKAL HOUSE, UDAYAMPEROOR, MANAKUNNAM, NOW RESIDING AT ROOM NO.309, KANDATHIL GUEST HOUSE NAGAMBADAM, KOTTAYAM. 2. PRABHACHANDRAN @ AJI, AGED 46, S/O.LATE BALAKRISHNAN NAIR, RESIDING AT ARCHANA, KALLOORKULAM.P.O., PALA, KOTTAYAM. 3. GEETHA P.NAIR, AGED 42, W/O.PRABHACHANDRAN @ AJI, RESIDING AT ARCHANA, KALLOORKULAM.P.O., PALA, KOTTAYAM. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN-682 031. 2. LEKHA, AGED 35 YEARS, W/O.HEMACHANDRAN, D/O.LATE RAMACHANDRA KURUP, MURAPPEL PUTHEN VEETTIL, AIKKAD, KODUMON .P.O., ADOOR, KOLLAM. PIN-691 555. 3. SUB INSPECTOR OF POLICE, KODUMON POLICE STATION, ADOOR, KOLLAM. PIN-691 555. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV FOR R1 AND R3 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------------- B.A. No.9357 OF 2011 --------------------------------- Dated this the 29th day of November , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1, 2 and 3 in Crime No.186 of 2011 of Kodumon Police Station, Adoor. 2. The offences alleged against the petitioners are under Sections 498-A and 506(ii) read with 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure and accordingly, the crime was registered. 4. The first petitioner is the husband of the defacto B.A.No.9357 OF 2011 2 complainant. The petitioners 2 and 3 are respectively the brother of accused No.1 and wife of accused No.2. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/-(Rupees Ten thousand only) each 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; B.A.No.9357 OF 2011 3 C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) 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. cms