IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7339 of 2009() ----------------------------- PETITIONERS (S): -------------------- 1. DANIEL CHELLATHAMPY, ILANCHIRAKUTHAVILA VEEDU, VILAVAMKODU, KANYAKUMARI. 2. CHARLET, ILANCHIRAKUTHAVILA VEEDU, VEEDU, VILAVAMKODU, KANYAKUMARI. 3. WILSON, ILLANCHIRAKUTHAVILA VEEDU, VILAVAMKODU, KANYAKUMARI. 4. JAYAN, ILLANCHIRAKUTHAVILA VEEDU, VILAVAMKODU, KANYAKUMARI. 5. CHELLADURAIRAJ, ILANCHIRAKUTHAVILA VEEDU, VILAVAMKODU, KANYAKUMARI. 6. JUSTINRAJ, ILANCHIRAKUTHAVILA VEEDU, VILAVAMKODU, KANYAKUMARI. 7. PAULOSE, SISILET BHAVAN, NEAR CHEMBOOR CSI CHURCH, CHEMBOOR P.O. BY ADV. SRI.S.M.PREM RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7339 of 2009 --------------------------------------------- Dated this the 15th day of December, 2009 ORDER The petitioners, 7 in number, have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The crime number is not mentioned in the application. The learned Public Prosecutor, on instructions, submitted that petitioners 2 and 4, namely, Charlet and Jayan are not accused persons in the crime and that petitioners 1, 3, 5, 6 and 7 are respectively accused Nos.2, 4, 1, 3 and 5 in Crime No.944 of 2009 of Neyyattinkara 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. 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 petitioners 1, 3, 5, 6 and 7. BA No.7339 /2009 2 There will be a direction that in the event of the arrest of petitioners 1, 3, 5, 6 and 7, the officer in charge of the police station shall release them on bail on their executing bond for Rs.10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1, 3, 5, 6 and 7 shall appear before the investigating officer for interrogation as and when required; b) Petitioners 1, 3, 5, 6 and 7 shall not try to influence the prosecution witnesses or tamper with the evidence; c) Petitioners 1, 3, 5, 6 and 7 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 in so far as it relates to petitioners 1, 3, 5, 6 and 7 and it is dismissed in so far as it relates to petitioners 2 and 4. K.T.SANKARAN, JUDGE csl