IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4410 of 2009() -------------------------------------- CRIME NO.302/2009 OF PAZHAYANNUR POLICE STATION. PETITIONERS/ACCUSED: ---------------------------------------- 1. SHAJAHAN, AGED 29 YEARS, S/O.MAMMY SHAH, VALIYAKULAM VEETIL, KARAPOTTA, KANNAMBRA, ALATHUR TALUK, PALAKKAD DISTRICT. 2. MAMMY SHAH, VALIYAKULAM VEETIL, KARAPOTTA, KANNAMBRA, ALATHUR TALUK, PALAKKAD DISTRICT. 3. RASHEEDA BABU, AGED 37 YEARS, D/O.MAMMY SHAH, -DO-,-DO-. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN SMT.B.SHAMEERA RESPONDENTS/ COMPLAINANT & STATE: --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT. 3. JAMEELA, D/O.HASSANAR, PARAYKKAL VEEDU, KUMBALAKKODU, PAZHAYANNUR, THALAPPILLI TALUK, THRISSUR DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4410 of 2009 ------------------------------------ Dated this the 11th day of August, 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 the accused in Crime No.302/2009 of Pazhayannur Police Station. 2. The offences alleged against the petitioners are under Sections 498 A and 406 of the Indian Penal Code. 3. I have perused the Case Diary. 4. 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. 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.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.A. No.4410 /2009 Page numbers 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 scm