IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3507 of 2009 CRIME NO.425 OF 2009 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- 1. MOHAMMED SHERIFF, AGED 37 YEARS, SURFRAS MANZIL, BATTAMPARA, CHOORI, KUDLU, KASARAGOD. 2. BEEFATHIMA, AGED 60 YEARS, W/O. ABDUL RAHIMAN, SURFRAS MANZIL, BATTAMPARA, CHOORI, KUDLU, KASARAGOD. 3. SHABANA, AGED 32 YEARS, W/O. SAJIDU, SURFRAS MANZIL, BATTAMPARA, CHOORI, KUDLU, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3507 OF 2009 ------------------------------------------------------ Dated this the 30th June, 2009 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 to 3 in Crime No.425 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 324, 294(b), 506(I) and 498A of the Indian Penal Code. 3. The de facto complainant filed a complaint against the petitioners before the Court of the Chief Judicial Magistrate, Kasaragod, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. I have gone through the case diary. 5. Taking into account the facts and circumstances of 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, B.A. NO. 3507 OF 2009 :: 2 :: the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- 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 ahz/