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Bail in IPC 377 and IPC.498A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5823 of 2009()

1. SHIBU KUMAR, S/O.GOPALA KRISHNA KURUP,… Petitioner
2. GOPALA KRISHNA KURUP,
3. SUMATHY AMMA, AGED 55 YEARS,

Vs

1. STATE OF KERALA,… Respondent

For Petitioner :SRI.HARISH GOPINATH

For Respondent :PUBLIC PROSECUTOR

The Hon’ble MR. Justice K.T.SANKARAN

Dated :09/03/2010

O R D E R
K.T.SANKARAN, J.

B.A. NO. 5823 OF 2009

Dated this the 9th day of March, 2010

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 Nos.1, 3 and 2 in Crime No.556 of 2009 of Parippally Police Station, Kollam District.

2. The offences alleged against the petitioners are under Sections 498A and 377 read with Section 34 of the Indian Penal Code.

3. The first petitioner is the husband of the de facto complainant. The second and third petitioners are the father-in-law and mother-in-law of the de facto complainant.

4. Heard the learned counsel for the petitioners and the 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.

6. 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.15,000/- 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

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