IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl. No. 3493 of 2009() ------------------------------------- CRIME NO. 226/2009 OF CHEVAYUR POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2: -------------------------------------------------- 1. JAYARANI, W/O.BABURAJ, AGED 42 YEARS, THERAYIL HOUSE, WEST HILL P.O., KACHERI AMSOM AND DESOM, KOZHIKODE TALUK. 2. SARASU, W/O.LATE ASOKAN, AGED 48 YEARS, PEEKIKAPURAYIL HOUSE, PAROPADY, MERIKUNNU P.O., CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI. SUNNY MATHEW RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3493 of 2009 ------------------------------------ Dated this the 28th day of July, 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 and 2 in Crime No.226/2009 of Chevayur Police Station. 2. The offences alleged against the petitioners are under Sections 294(b) and 353 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4/06/2009, the defacto complainant went to the house of one Ashraf @ Vasudevan to execute a search warrant issued by the Judicial Magistrate of the First Class- I, Kozhikode. The petitioners who are two ladies in the house caused obstructions and used abusive language against the defacto complainant. 4. I have gone through the Case Diary. 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. B.A. No. 3493/2009 Page numbers 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 on their executing bond 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 petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate 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) 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