IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2831 of 2009() --------------------------------------- CRIME NO.92/2009 OF VELLATHOOVAL POLICE STATION PETITIONERS/ACCUSED NO.1,2 & 3 -------------------------------------------------- 1. SHAMSUDEEN,S/O.MUTHEEN,POOVATHUMMOOTTIL HOUSE,VELLATHOOVAL VILLAGE,ANACHAL KARA,DEVIKULAM TALUK,IDUKKI DISTRICT. 2. UMMANI,W/O.MYTHEEN,POOVATHUMMOOTTIL HOUSE, VELLATHOOVAL VILLAGE,ANACHAL KARA, DEVIKULAM TALUK,IDUKKI DISTRICT. 3. MYTHEEN,S/O.MEERAN,POOVATHUMMOOTTIL HOUSE,VELLATHOOVAL VILLAGE,ANACHAL KARA, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA-STATION HOUSE OFFICER, VELLATHOOVAL POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2831 of 2009 ------------------------------------ Dated this the 29th day of May, 2009 O R D E R This is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioners are accused nos.1,2 and 3 in Crime No.92/2009 of Vellathooval Police Station. 2. The offences alleged against the petitioners are under sections 498 A and 323 of the Indian Penal Code. 3. The defacto complainant filed Annexure A private complaint dated 30/04/2009 before the Judicial Magistrate of the First Class, Adimaly. The complaint was forwarded to the police under Section 156(3) of the Code of Criminal Procedure and accordingly Crime No.92/2009 was registered by the police. 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 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 for a period of one month on their executing bond B.A. No.2831/2009 2 for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The first petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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 scm