IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3406 of 2011 ----------------------------- CRIME NO. 368/2011 OF MATHILAKAM POLICE STATION, THRISSUR DISTRICT .................... PETITIONERS/ACCUSED 1 -3: -------------------------------- 1. KABEER, S/O. UMBATHU, PANAPPARAMBIL HOUSE, NEAR CHAKKALAKKAL TEMPLE, PERINJANAM.P.O. 2. UMBATHU, W/O. KHALID, PANAPPARAMBIL HOUSE, NEAR CHAKKALAKKAL TEMPLE, PERINJANAM.P.O. 3. SUHARA, W/O. MOHAMMED, PANAPPARAMBIL HOUSE, NEAR CHAKKALAKKAL TEMPLE, PERINJANAM.P.O. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I OF POLICE, MATHILAKAM. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3406 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of May,2011 O R D E R Petitioners are the accused in Crime No.368/11 of Mathilakam Police Station, Thrissur District. It was registered under Sections 326, 406 and 498(A) r/w 34 IPC. This application is for pre-arrest bail. 2. In the case of the first accused, the prayer for Anticipatory Bail is rejected. 3. Heard. Considering all the aspects the following directions are issued in the case of second and third accused/petitioners. 4. The petitioners shall surrender before the learned Judicial First Class Magistrate, Kodungalloor within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail applications uninfluenced by the observations made by this court in this order. In the meanwhile if the petitioners(2 and 3) are arrested they shall be released on bail on their executing a bond for `75,000/-(Rupees seventy five B.A. No. 3406 of 2011 -:2:- thousand only) with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and anticipatory bail is granted on the following conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court B.A. No. 3406 of 2011 -:3:- or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court, Kodungallur without the prior permission of the learned Magistrate. 5. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licences etc. It is further made clear that the said order of bail would be valid only for a period of two weeks therefrom and in the meanwhile the petitioners can apply to the learned Magistrate for regular bail if they so choose and in which case the Magistrate will dispose of the bail applications on merits uninfluenced by this order. N.K. BALAKRISHNAN, JUDGE ttb