IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6857 of 2009() ----------------------------- CRIME NO.796/2009 OF KASARAGOD POLICE STATION PETITIONERS (S): ACCUSED: ---------------------------- 1. TAHIRA, W/O.MOIDEENKUNHI, BELLEER HOUSE, PERIYADUKKA, P.O.KUDLU, KUDLU VILLAGE, KASARAGOD TALUK & DIST., NOW RESIDING AT, B3 AKASAVANI STAFF QUARTERS, KAKKAD ROAD, KANNUR-2. 2. JAMEELA, D/O.LATE ABDULLA B., BELLEER HOUSE, PERIYADUKKA, P.O.KUDLU, KUDLU VILLAGE, KASARAGOD TALUK & DIST. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6857 of 2009 --------------------------------------------- Dated this the 2nd day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.796 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 406, 420, 323, 498A and 506(ii) read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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.15,000/- each with two solvent sureties for the like amount to the BA No.6857/2009 2 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 csl