IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 8536 of 2011() ----------------------------- Crime No.540 of 2011 of Balussery Police Station, Kozhikode District. PETITIONERS/ACCUSED NOS. 2 TO 4 --------------------------------------------------- 1. ABDUL KALAM, S/O. PAKKAR, AGED 53 YEARS, ANNADHANKANDY, UNNIKKULAM POST, EKAROOL, KOZHIKODE DISTRICT. 2. SALEENA, W/O. SHUKOOR, NOCHI PARAMBATH, KOLATHUR, ATHOLY, KOZHIKODE DISTRICT-673315. 3. SHAMEENA, W/O. SALID, KIZHAKKAYIL HOUSE, KANNADIPOYIL POST, BALUSSERY VIA., MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE SUB INSPECTOR OF POLICE BALUSSERY POLICE STATION, BALUSSERY. PIN-673612, KOZHIKODE DISTRICT. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.8536 OF 2011 --------------------------------- Dated this the 10th day of November , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.2 to 4 in Crime No.540 of 2011 of Balussery Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 498A, 406 and 420 read with 34 of the Indian Penal Code. 3. The first petitioner is the father of the first accused, the first accused being the husband of the defacto complainant. Petitioners 2 and 3 are the sisters of the first accused. 4. Heard the learned counsel for the petitioners and the B.A.No. 8536 OF 2011 2 learned Public Prosecutor. 4. 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, 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 1st petitioner 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. B.A.No. 8536 OF 2011 3 E) The petitioners shall cooperate with the investigating officer in the matter of investigation. 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