IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4036 of 2009() ----------------------------- CRIME NO. 390/2009 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED NO.1 TO 3: ------------------------------------------------- 1. DR.YEKNATH RAO, S/O. ANANTHA RAO, AGED 36 YEARS, DOOR NO.2063, 11TH CROSS, JANATHA NAGAR, MARUTHI TENT ROAD, T.K. LAYOUT, MYSORE. 2. ANANTHA RAO, S/O. NANJUNDA RAO, AGED 66 YEARS, DOOR NO. 2063, 11TH CROSS, JANATHA NAGAR, MARUTHI TENT ROAD, T.K. LAYOUT, MYSORE. 3. ANUSUYA RAO, AGED 57 YEARS, W/O. ANANTHA RAO, DOOR NO. 2063, 11TH CROSS, JANATHA NAGAR, MARUTHI TENT ROAD, T.K.LAYOUT, MYSORE. BY ADVS. SRI. K.M. JAMALUDHEEN SMT. LATHA PRABHAKARAN RESPONDENT/COMPLAINANT-STATE: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4036 of 2009 ------------------------------------ Dated this the 24th 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 the accused Nos. 1 to 3 in Crime No.390/2009 of Hosdurg Police Station. 2. The offence alleged against the petitioners is under Section 498 (A) of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the first petitioner filed a petition for divorce against the defacto complainant before the Family Court, Mysore as M.C. No.100/2009. On receiving notice in that case, the defacto complainant filed a private complaint before the Judicial Magistrate of the First Class, Hosdurg against the petitioners alleging offence under Section 498(A) of the Indian Penal Code. The complaint was forwarded to the police for investigation under Section 156 (3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. I have perused the Case Diary. B.A.No. 4036 of 2009 2 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. 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. ln B.A.No. 4036 of 2009 3 ln