IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5600 of 2009 CRIME NO.122 OF 2009 OF AMBALATHARA POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 4: ------------------------------- 1. K.RAMESAN, S/O.BALAKRISHNAN NAIR, AGED 36 YEARS. 2. CHANDRAMATHI, W/O.BALAKRISHNAN NAIR, AGED 62 YEARS. 3. B.BALAKRISHNAN NAIR, S/O.KUNHAMBU NAIR, AGED 67 YEARS. 4. RAJENDRAN.K, S/O.BALAKRISHNAN NAIR, AGED 39 YEARS, ALL RESIDING AT RAM NIVAS, THAYANNUR, THAYANNUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN SRI.V.A.AJIVAS RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5600 OF 2009 ------------------------------------------------------ Dated this the 7th day of October, 2009 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 to 4 in Crime No.122 of 2009 of Ambalathara Police Station, Kasaragod. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. The first accused is the husband of the de facto complainant. Accused Nos.2 to 4 are respectively the father-in-law, mother-in-law and brother-in-law of the de facto complainant. 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. There B.A. NO. 5600 OF 2009 :: 2 :: 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 Rs.15,000/- 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 not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners 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. (K.T.SANKARAN) Judge ahz/