IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3510 of 2011() ---------------------------------------- CRIME NO.152/2011 OF KOIPURAM POLICE STATION. ............... PETITIONERS/ACCUSED 2 AND 3 ----------------------------------------------- 1. MATHEW SAVIER (WRONGLY DESCRIBED AS MATHEW XAVIOUR) (S. MATHEW), AGED:64 YEARS, S/O.LATE MICHAEL XAVIER, VATHALLOOR, KOTTATHOOR. P.O, AYIROOR, PATHANAMTHITTA DISTRICT. 2. THANKAMMA MATHEW, AGED : 55 YEARS, W/O.MATHEW SAVIER, VATHALLOOR, KOTTATHOOR. P.O, AYIROOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.C.M. CHARISMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3510 OF 2011 = = = = = = = = = = = = = = = Dated this the 13th day of May, 2011 O R D E R Petitioners are the accused in Crime No. 152 of 2011 of Koipuram Police Station. It was registered under Sections 498A of IPC. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. Considering all the aspects the following directions are issued. 3. The petitioners shall surrender before the Judicial First Class Magistrate-II, Pathanamthitta within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail application/s in accordance with law. In the meanwhile if the petitioners are arrested they shall be released on bail on their executing a bond for Rs.50,000/- with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts B.A. NO. 3510 OF 2011 -:2:- 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 on the following further 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 until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If he 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 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, Pathanamthitta without the prior permission of the learned Magistrate. B.A. NO. 3510 OF 2011 -:3:- v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. Sd/- N.K. BALAKRISHNAN,JUDGE. ul/- [ true copy ] P.A. to Judge.