IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8267 of 2011() ----------------------------- IN CRIME NO. 1906/2011 OF KARUNAGAPPALLI STATION PETITIONER(S): (ACCUSED 1 TO 5) ------------------------------------------------- 1. VIJAYAKUMAR, AGED 27 , S/O NADARAJAN, VIJAYABHAVAN, ALAPAD, CHERIYAZHIKKAL P.O CHERIYAZHIKKAL VILLAGE, KARUNAGAPPALLI TALUK, KOLLAM DISTRICT. 2. KAVITHA , AGED 28 , VIJAYABHAVAN, ALAPAD, CHERIYAZHIKKAL P.O, CHERIYAZHIKKAL VILLAGE, KARUNAGAPPALLI TALUK, KOLLAM DISTRICT. 3. SHIBU, H/O KAVITHA, VIJAYABHAVN, ALAD, CHERIYAZHIKKAL P.O, CHERIYAZHIKKAL VILLAGE, KARUNAGAPPALLI TALUK, KOLLAM DISTRICT. 4. SANDHU, VIJAYABHAVAN, ALAPAD, CHERIYAZHIKKAL P.O, CHERIYAZHIKKAL VILLAGE, KARUNAGAPPALLI TALUK, KOLLAM DISTRICT. 5. KANTHIMATHI, VIJAYABHAVAN, ALAPAD,CHERIYAZHIKKAL P.O, CHERIYAZHIKKAL VILLAGE, KARUNAGAPPALLI TALUK, KOLLAM DISTRICT. BY ADVS . SRI.M.R.RAJESH SRI.K.M.ALEXANDER RESPONDENT(S): ------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. -------------------------------------------- Bail Appl. NO. 8267 OF 2011 ------------------------------------------------------ Dated this the 15th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 5 in Crime No.1906 of 2011 of the Karunagappalli Police Station. 2. The offences alleged against the petitioners are under Sections 498A, 294(b), 324 and 420 read with 34 of the Indian Penal Code. 3. The learned Public Prosecutor, after getting instructions directly from the Sub Inspector of Police, Karunagappalli, submitted that the first petitioner alone is the accused in Crime No. 1906/2011 of the Karunagappalli Police Station. It is submitted that the offences alleged against the first petitioner are under Sections 498A, 294(b) and 323 of the Indian Penal Code. BAIL APPL. NO.8267 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offences and other circumstances, I am of the view that anticipatory bail can be granted to the first petitioner. There will be a direction that in the event of the arrest of the first petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs. 10,000/- (Rupees ten thousand only) 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 first petitioner shall appear before the investigating officer for interrogation as and when required; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BAIL APPL. NO.8267 OF 2011 :: 3 :: d) The first petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed in so far as it relates to the first petitioner in the manner indicated above and the Bail Application is closed in so far as it relates to the other petitioners as it is unnecessary. K.T.SANKARAN, JUDGE. ds