IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5427 of 2009 CRIME NO.609 OF 2009 OF KADAKKAL POLICE STATION, KOLLAM. PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. SHAJAR JABBAR, S/O.ABDUL JABBAR, AGED 29 YEARS, SHAJAR MANZIL(S.J.MANZIL) THOZHIYIL MURI, MADATHARA PO, CHITHARA VILLAGE, 2. ABDUL JABBAR, S/O.ABDUL RAHMAN, AGED 64 YEARS, SHAJAR MANZIL (S.J.MANZIL) THOZHIYIL MURI, MADATHARA PO, CHITHARA VILLAGE, BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT: --------------- STATE OF KERALA, REP.BY S.I.OF POLICE, KADAKKAL POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5427 OF 2009 ------------------------------------------------------ Dated this the 25th day of September, 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 and 2 in Crime No.609 of 2009 of Kadakkal Police Station. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor and 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 B.A. NO. 5427 OF 2009 :: 2 :: for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first 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; e) 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/