IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4315 of 2009() --------------------------------------------- CRIME NO.440/2009 OF HOSDURG POLICE STATION, KASARAGOD PETITIONERS/ACCUSED: --------------------------------------- 1. ASHRAF P.V., AGED 30 YEARS, S/O.ABOOBACKER, PUTHYAVALAPPU, HOSDURG BEACH, P.O.KANHANGAD, HOSDURG VILLAGE, HOSDURG TALUK. 2. NABEESA P.V., W/O.ABOOBACKER, AGED 60 YEARS, PUTHYAVALAPPU, HOSDURG BEACH, P.O.KANHANGAD. 3. SUBAIR P.V., S/O.ABOOBACKER, AGED 32 YEARS, PUTHYAVALAPPU, HOSDURG BEACH, P.O.KANHANGAD. 4. THAHIRA, AGED ABOUT 28 YEARS, D/O.NABEESA, FARISA MANZIL, NEAR EMS CLUB, KOTTRACHAL. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4315 of 2009 ------------------------------------ Dated this the 10th day of September, 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 the accused persons in Crime No.440/2009 of Hosdurg Police Station. 2. The offence alleged against the petitioners is under Section 498 A of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. I have perused 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. 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 appear before the B.A. No. 4315 of 2009 2 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 ln