IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl No. 3282 of 2007() 1. KUNHIRAMAN, AGED 37 YEARS, S/O.AMBU, ... Petitioner 2. VELLACHI, AGED 60 YEARS, W/O.AMBU, 3. SHYAMALA, AGED 30 YEARS, D/O.AMBU, 4. SANJEEVAN, AGED 22 YEARS, Vs 1. THE STATE OF KERALA, ... Respondent For Petitioner :SRI.T.K.VIPINDAS For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice V.RAMKUMAR Dated :04/06/2007 O R D E R V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 3282 OF 2007 A ```````````````````````````````````````````````````` Dated this the 4th day of June, 2007 O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioners,
who are the husband, mother-in-law, sister-in-law and brother-in-law of
one Savitha, the defacto complainant, seek anticipatory bail. The
marriage between the 1st petitioner and Savitha was on 10.4.1998.
2. Learned Public Prosecutor, on instructions, submitted that
the petitioners 2 to 4 are not accused in the case and that the 1st
petitioner is the sole accused in Crime No.129/07 of Kumbala Police
Station for an offence punishable under section 498A IPC. Hence, the
apprehension of arrest and harassment entertained by petitioners 2 to 4
is unfounded.
3. Having regard to the nature of the allegations levelled
against the sole accused (1st petitioner) and the other circumstances of
the case, I am inclined to grant anticipatory bail to the sole accused.
Accordingly, a direction is issued to the officer-in-charge of the police
station concerned to release the sole accused(1st petitioner) on bail for a
period of one month in the event of his arrest in connection with the
above case on his executing a bond for Rs.10,000/- (Rupees ten
thousand only) with two solvent sureties each for the like amount to the
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satisfaction to the said officer and subject to the following conditions:
a. 1st petitioner(sole accused) shall
report before the Investigating Officer
between 9 a.m. and 11 a.m. on all
Wednesdays.
b. 1st petitioner(sole accused) shall make
himself available for interrogation as and
when required by the Investigating Officer.
c. 1st petitioner(sole accused) shall not
influence or intimidate the prosecution
witnesses nor shall he attempt to tamper
with the evidence for the prosecution.
d. 1st petitioner(sole accused) shall not
commit any offence while on bail.
e. 1st petitioner (sole accused) shall
surrender before the Magistrate concerned
and seek regular bail in the meanwhile.
If the 1st petitioner commits breach of any of the above conditions,
the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
(V. RAMKUMAR, JUDGE)
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