IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10138 of 2011() ------------------------------ CRMP.3309/2011 of DISTRICT COURT, PALAKKAD CRIME NO.398/2011 OF KOLLENGODE POLICE STATION, PALAKKAD DT. .................... PETITIONERS/ ACCUSED NO. 2 & 3 ------------------------------------- 1. SYED MOHAMMED, AGED 60 YEARS, S/O ASSANAR ROWTHER, THAHARAMADAKAL, KAITHACHIRAKAL, KAIRADI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 2. MARIAMBE, AGED 54 YEARS, W/O SYED MUHAMMED THAKARAMADAKAL, KAITHACHIRAKAL, KAIRADI VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERLA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE, KOLLENGODE POLICE STATION. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.10138 OF 2011 --------------------------------- Dated this the 14th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.2 and 3 in Crime No.398 of 2011 of Kollengode Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 498A and 306 read with 34 of the Indian Penal Code. 3. The daughter-in-law of the petitioners committed suicide at her residence on 22.10.2011. The marriage between the deceased and accused No.1 took place on 28.6.2009. It is submitted by the learned counsel for the petitioners that accused No.1 was arrested. B.A.No. 10138 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 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 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A.No. 10138 OF 2011 3 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 to the extent indicated above. K.T.SANKARAN, JUDGE. cms