IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6955 of 2009() ----------------------------- CRIME NO.188/2009 OF EDACHERRY POLICE STATION, KOZHIKODE PETITIONERS: ACCUSED 1, 2 AND 4 -------------------------------------- 1. SHOUKATH, AGED 35 YEARS, S/O. MAMMOO, KALATHIL HOUSE, PUTHUPPANAM.P.O, VATAKARA. 2. MARIYAM, AGED 60 YEARS, W/O. MAMMOO, -DO- 3. MOIDEEN, AGED 65 YEARS, KANDAM MALAYIL HOUSE, PALAYAD NADA.P.O, VATAKARA. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, EDACHERRY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6955 of 2009 --------------------------------------------- Dated this the 26th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 and 4 in Crime No.188 of 2009 of Edacherry Police Station, Kozhikode District. 2. The de facto complainant filed a complaint before the Magistrate's court which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered for the offences under Sections 498A, 406, 452 and 308 read with Section 34 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that the crime was registered for the aforesaid offences on the basis of the statement in the complaint. Later, on investigation, it was found that no offence was made out under Sections 452 and 308 of the Indian Penal Code. It is submitted that a report to that effect will be filed in court soon. 4. Taking into account the facts and circumstances of the BA No.6955/2009 2 case, the nature of the offence and in the light of the submissions made by the learned Public Prosecutor, 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.15,000/- 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; 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 csl