IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 4170 of 2009 CRIME NO.393 OF 2009 OF PATTAMBI POLICE STATION CRMP.1988/2009 OF SESSIONS COURT, PALAKKAD PETITIONERS/ACCUSED NOS.2-4 ----------------------------------------------- 1. YASODHA, AGED 60 YEARS, W/O.PERUNNI PUTHEN PURAYIL VEEDU, KODIKUNNU, PALLIPURAM,PATTAMBI,OTTAPALAM,PALAKKAD. 2. SYAMALA,AGED 35 YRS,D/O.PERUNNI. -DO- 3. SWAPNA,AGED 24 YRS, W/O.PRADEEP -DO- BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP;BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. ADDITIONAL R2 IMPLEADED: 2. SUNITHA, D/O.MOHANDAS, CHATHAYILKKAVU HOUSE, VARATTIPALLIYAL, NAYOOR, AANAKKARA, OTTAPALAM TALUK. ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 30.7.2009 IN CRL.M.A.NO.4198 OF 2009. R1 BY PUBLIC PROSECUTOR SRI.M.S.BREEZ ADDL.R2 BY ADV. SRI.SANTHEEP ANKARATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4170 OF 2009 ------------------------------------------------------ Dated this the 30th July, 2009 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.2 to 4 in Crime No.393 of 2009 of Pattambi Police Station. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. The second accused is the mother-in-law and the third accused is the sister-in-law of the de facto complainant. The fourth accused is the granddaughter of the second accused. 4. I have gone through the case diary. I have also heard Sri.Santheep Ankarath, the learned counsel appearing for the de facto complainant, and also perused the wound certificate produced by him as Annexure R3, which is also available in the case diary. 5. Taking into account the facts and circumstances of the B.A. NO.4170 OF 2009 :: 2 :: 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 Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners 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 Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/