Kadeeja vs State Represented By Public … on 9 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5164 of 2009()


1. KADEEJA, AGED 60 YEARS,
                      ...  Petitioner

                        Vs



1. STATE REPRESENTED BY PUBLIC PROSECUTOR,
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.M.B.PRAJITH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/09/2009

 O R D E R
                      K.T. SANKARAN, J.
                  ---------------------------
                   B.A. No. 5164 of 2009
               ------------------------------------
           Dated this the 9th day of September, 2009

                          O R D E R

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure. The petitioner

is the second accused in Crime No.709/2009 of Chalakkudy

Police Station.

2. The offence alleged against the petitioner is under

Section 498 A of the Indian Penal Code.

3. The petitioner is the mother-in-law of the defacto

complainant. The husband of the defacto complainant is

working abroad. The counsel for the petitioner submitted that

the disputes between the parties have been settled and

Annexure AII agreement dated 21/8/2009 was executed. The

defacto complainant and the petitioner are the signatories to

the agreement.

4. 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

petitioner. There will be a direction that in the event of the

B.A. No.5164/ 2009
2

arrest of the petitioner, the officer in charge of the police station

shall release her on bail on her executing bond for Rs.10,000/-

with two solvent sureties for the like amount to the satisfaction

of the officer concerned, subject to the following conditions:

A) The petitioner shall appear before the
investigating officer for interrogation as and
when required;

B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

C) The petitioner 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