IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9484 of 2011 CRIME NO.778 OF 2011 OF CHANDERA POLICE STATION, KASARAGOD. PETITIONERS: ACCUSED NOS.1 AND 3: -------------------- 1. RAFEEK, S/O.ABDULLA, B.C.HOUSE PADNE, MOOSAMUKKU, PADNE PO, HOSDURG TALUK, KASARAGOD DISTRICT. 2. ASHRAF, S/O.ABDULLA B.C.HOUSE PADNE, MOOSAMUKKU, PADNE PO, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CHANDRA POLICE STATION KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9484 of 2011 ------------------------------------------------------ Dated this the 6th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 3 in Crime No.778 of 2011 of Chandera Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 498A, 353, 354, 294(b) and 506(ii) read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant and accused No.3 is her brother-in-law. Originally, only offence under Section 498A read with Section 34 of the Indian Penal Code was alleged. The other offences were later included and those allegations are against accused No.3. Bail Appl. NO.9484 of 2011 :: 2 :: 4. When the Bail Application came up for admission on 22nd November, 2011, the following order was passed: “4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 28th and 29th November, 2011. 6. Post on 6th December, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.778 of 2011 of Chandera Police Station, till 9th December, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” Bail Appl. NO.9484 of 2011 :: 3 :: 5. Petitioners filed Crl.M.A.No.7883 of 2011 stating that the second petitioner could not comply with the direction in the order dated 22.11.2011 as his rank was wrongly shown in the cause title. As per the order dated 30th November 2011 in Crl.M.A.No.7883 of 2011, the second petitioner/accused No.3 was permitted to appear before the investigating officer on 4th and 5th December, 2011. 6. It is submitted by the learned counsel for the petitioners that the directions in the orders dated 22nd and 30th November, 2011 have been complied with by the petitioners. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the directions in the orders dated 22nd and 30th November, 2011 have been complied with by the petitioners, 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 each for the like amount to the Bail Appl. NO.9484 of 2011 :: 4 :: satisfaction of the officer concerned, subject to the following conditions: a) 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/