IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl.No. 8676 of 2011() ----------------------------- (Crime No: 1805/2011 of Ernakulam North Police Station) PETITIONER(S): PETITONERS/ACCUSED NOS.1&2 ----------------------------------------- 1. MANZOR ALI, AGED 35 YEARS, S/O B.H.MAMMI, AKARIYA ARCADE FLAT NO.204, AYYAPPANKAVU, ERNAKULAM. 2. SEREENA, AGED 52 YEARS, W/O.B.H.MAMMI, AKARIYA ARCADE FLAT NO.204, AYYAPPANKAVU, ERNAKULAM. BY ADV. SRI.K.RONALD JOSE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. R. RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA Bail Appl.No. 8676 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE LAWYER NOTICE SENT BY PETITIONER TO THE DEFACTO COMPLAINANT. ANNEX.A2: COPY OF ORDER DATED 03.10.2011 IN CRL.M.C.NO.1533 OF 2011 PASSED BY THE SESSIONS COURT,ERNAKULAM. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8676 OF 2011 ------------------------------------------------------ Dated this the 11th 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 No. 1 and 2 in Crime No. 1805 of 2011 of Ernakulam North Police Station. 2. The petitioners apprehend arrest on an accusation of having committed an offence under Section 498-A read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant and accused No: 2 is the mother of accused No.1. 4. Heard the learned counsel for the petitioner and learned public prosecutor. 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 BAIL APPL. NO. 8676 OF 2011 :: 2 :: 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. 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) 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 bka/