IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7351 of 2009()
1. P.U.LAILA,AGED 60 YEARS,W/O.LIYAKATH
... Petitioner
2. GULFIRORA,AGED 21 YEARS,
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/03/2010
O R D E R
V. RAMKUMAR, J.
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Bail-Application NO. 7351 of 2009
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DATED: 29th March, 2010
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioners
who are the accused in Crime No.777 of 2009 of Mannarkkad Police
Station, for offences punishable under Sections 304 (b) and 306
read with Sec. 34 I.P.C. seek anticipatory bail.
2. I heard the learned counsel for the petitioners, the
learned Public Prosecutor as well as the learned counsel appearing
for the de facto complainant.
3. The mere presence of the petitioners in their own house
which was the matrimonial home of the deceased cannot be an
incriminating circumstance. That coupled with the absence of any
specific averment in the First Information Statement given by none
other than the father of the deceased induce me to grant
anticipatory bail to the petitioners, who are the mother-in-law and
sister-in-law of deceased Femina. Accordingly, a direction is
issued to the officer-in-charge of the police station concerned to
release the petitioners on bail for a period of one month in the
Bail A.No. 7351 of 2009 -:2:-
event of their arrest in connection with the above case on each of
them executing a bond for Rs. 10,000/- (Rupees ten thousand only)
with two solvent sureties each for the like amount to the satisfaction
of the said officer and subject to the following conditions:
1. Petitioners shall report before the Investigating Officer
between 9 a.m. and 11 a.m. on all Wednesdays.
2. Petitioners shall make themselves available for
interrogation including custodial interrogation as and
when required by the Investigating Officer.
3. Petitioners
prosecution witnesses norinfluence
shall not shall theyorattempt to tamper
intimidate the
with the evidence for the prosecution.
4. Petitioners shall not commit any offence while on bail.
5. Petitioners shall surrender before the Magistrate concerned
and seek regular bail in the meanwhile.
If the petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be cancelled.
This application is allowed as above.
V.RAMKUMAR, JUDGE.
ani.