IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8463 of 2011() ----------------------------- CRIME NO.2767/2011 OF ALUVA POLICE STATION, ERNAKULAM DT. PETITIONER/ACCUSED: --------------------------------------- 1. JABBAR, S/O.SULAIMAN, AGED 31 YEARS, VALIYAKATH HOUSE, MALAYAKKAD, THOTTUMUGHAM, ALUVA. 2. K.M.SULAIMAN, AGED 60 YEARS, VALIYAKATH HOUSE, MALAYAKKAD, THOTTUMUGHAM, ALUVA. 3. V.K.LATHEEF, S/O.KHADER, VALIYAKATH HOUSE, MALAYAKKAD, THOTTUMUGHAM, ALUVA. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESNTING BY THE STATON HOUSE OFFICER, ALUVA POLICE STATION, ERNAKULAM DISTRICT. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, ALONG WITH BA NO. 8668 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------- B.A.Nos. 8463 & 8668 OF 2011 ------------------------------------------- Dated this the 24th day of October, 2011 ORDER Bail Application No.8463 of 2011 is filed by accused Nos.1, 2 and 4 in Crime No.2767 of 2011 of Aluva Police Station, while Bail Application No.8668 of 2011 is filed by accused No.3 therein. These Bail Applications are filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. 2. The offences alleged against the accused are under Sections 498-A, 406 and 354 read with 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of B.A.No. 8463 & 8668 OF 2011 2 the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. 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 `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 first accused shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A.No. 8463 & 8668 OF 2011 3 F) 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. cms