IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7099 of 2011() ----------------------------- CRIME NO.201/2011 OF NATTUKAL POLICE STATION, MANNARKKAD PETITIONERS (S): ACCUSED 1 TO 5 -------------------------------------- 1. SADIQUE.P.A., AGED 35 YEARS S/O.LATE P.K.ABDUL KARIM PALLACHI HOUSE, ARKAKKADAVU VENNALA P.O., KOCHI - 28. 2. P.A.MOHAMMED ALI, AGED 41 YEARS S/O.LATE P.K.ABDUL KARIM PALLACHI HOUSE, ARKAKKADAVU VENNALA P.O., KOCHI-28. 3. ANWAR SADATH P.A., AGED 25 YEARS S/O.LATE P.K.ABDUL KARIM PALLACHI HOUSE, ARKAKKADAVU VENNALA P.O., KOCHI-28. 4. SUHARA ASHRAF, AGED 44 YEARS S/O.LATE P.K.ABDUL KARIM PALLACHI HOUSE, ARKAKKADAVU VENNALA P.O., KOCHI-28. 5. NAJUMA.T.M., AGED 64 YEARS W/O.LATE P.K.ABDUL KARIM PALLACHI HOUSE, ARKAKKADAVU VENNALA P.O., KOCHI - 28. BY ADV. SRI.ALAN PAPALI SMT.O.V.BINDU SRI.J.VIMAL BA 7099/2011 RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA (CRIME NO.201/2011 OF NATTUKAL POLICE STATION, PALAKKAD DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7099 of 2011 --------------------------- Dated this the 22nd day of September, 2011 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 to 5 in Crime No.201 of 2011 of Nattukal Police Station, Mannarkkad. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's Court which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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. BA 7099/2011 2 There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 co-operate with the investigating officer in the matter of investigation ; 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 csl