IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3879 of 2009(A) ---------------------------------------- CRIME NO.220/2009 OF NEDUMKANDAM POLICE STATION, IDUKKI PETITIONERS/ACCUSED: --------------------------------------- 1. P.V.RADHAMANI, AGED 65 YEARS, RAJAVILA BALAGRAM, BALAGRAM P.O., IDUKKI. 2. SHYLA, W/O.SATHYARAJAN, RAJAVILA BALAGRAM, BALAGRAM P.O., IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.220 OF 2009 OF NEDUMKANDAM POLICE STATION). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3879 of 2009 ------------------------------------ Dated this the 20th day of 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.3 and 4in Crime No.220/2009 of Nedumkandam Police Station, Idukki. 2. The offences alleged against the petitioners are under Sections 332, 224 and 225 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is as follows: In CMP No.140/2008 in M.C No.30/2006 of Family court, Thodupuzha, warrant for arrest was issued against one Sathyaraj (first accused). The police party went to the house of Sathyaraj to arrest him. Sathyaraj tried to escape by going inside his house. The petitioners, who are the mother and second wife of Sathyaraj, obstructed the police men from arresting Sathyaraj and committed the offences mentioned herein above. The incident occurred on 28/06/2009. The F.I.R was registered on the same day. It would appear that Sathyaraj was produced B.A. No.3879 /2009 Page numbers before Court on the next day. He stated before the Judicial Magistrate of the First Class , Nedumkandam that he was beaten by the police at his residential house as well as in the Police Station. The statement given by Sathyaraj was recorded by the learned Magistrate. 4. The first petitioner is a lady aged 65 years. The second petitioner is the second wife of Sathyaraj. 5. 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 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. B.A. No.3879 /2009 Page numbers 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 scm