IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5582 of 2009 CRIME NO.694 OF 2009 OF NEMOM POLICE STATION PETITIONERS/ACCUSED: ---------------------------------------- 1. AMALDEV, AGED 25 YEARS, S/O.PANKAJAKSHAN.B., KUZHIYANVILA HOUSE, KALLIYOOR P.O., KAKKAMOOLA, THIRUVANANTHAPURAM DISTRICT. 2. PANKAJAKSHAN.B, AGED 53 YEARS, S/O.LATE BALAKRISHNAN NADAR, KUZHIYANVILA HOUSE, KALLIYOOR P.O., KAKKAMOOLA, THIRUVANANTHAPURAM DISTRICT. 3. SANTHA, AGED 50 YEARS, W/O.PANKAJAKSHAN.B, KUZHIYANVILA HOUSE, KALLIYOOR P.O., KAKKAMOOLA, THIRUVANANTHAPURAM DISTRICT. 4. SHYAMDEV, AGED 28 YEARS, S/O.PANKAJAKSHAN.B., KUZHIYANVILA HOUSE, KALLIYOOR P.O., KAKKAMOOLA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.A.S.SABU SRI.SAIJO HASSAN RESPONDENT: STATE: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5582 OF 2009 ------------------------------------------------------ Dated this the 6th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are the accused persons in Crime No.694 of 2009 of Nemom Police Station. 2. The offences alleged against the petitioners are under Sections 498A and 354 read with Section 34 of the Indian Penal Code. 3. The first petitioner is the husband of the de facto complainant. Petitioners 2 and 3 are the father-in-law and mother-in- law and the fourth petitioner is the brother-in-law of the de facto complainant. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. B.A. NO. 5582 OF 2009 :: 2 :: 5. 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.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; 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 ahz/