IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 9TH SEPTEMBER 2008 / 18TH BHADRA 1930 Bail Appl..No. 5411 of 2008(B) ----------------------------- CRIME NO. 696/2008 OF KALADY POLICE STATION .......................... PETITIONERS:APPLICANTS/ACCUSED 1,2,3 : ------------------------------------------------- 1. BIJU.T.E., AGED 29 YEARS, S/O. ESTHAPPANU, THACHAPARAMBIL HOUSE, SREEMOOLANSGSTSM P.O., KSLSFY. 2. ROSY ESTHAPPANU, AGED 62 YEARS W/O. ESTHAPPANU, THACHAPARAMBIL HOUSE, SREEMOOLANAGARAM P.O. KALADY. 3. JOSE ESTHAPPANU, AGED 39 YEARS, S/O. ESTHAPPANU, THACHAPARAMBIL HOUSE, SREEMOLANAGARAM P.O., KALADY. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: RESPONDENT/COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. S.U. NAZER. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application No. 5411 of 2008 - - - - - - - - - - - - - - - - Dated this the 9th day of September, 2008. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused in Crime No.696/2008 of Kalady Police Station for an offence punishable under Sec. 498 A r/w 34 I.P.C., seek anticipatory bail. 2. I have heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioners and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in- charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like Bail A.No. -:2:- amount to the satisfaction to the said officer and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall make themselves available for interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, JUDGE ttb