IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Bail Appl..No. 3127 of 2008 ------------------------------------- (CRIME NO. 105/08 OF BADIADUKKA POLICE STATION) ..................... PETITIONERS/ACCUSED 2 & 3: -------------------------------------------- 1. KRISHNA BHATT, S/O.SHANKARA BHATT, AGED 58 YEARS, RESIDING AT MITTHA KOLIYOOR, KOLIYOOR POST, MANHESHWAR (VIA), KASARAGOD TALUK AND DISTRICT. 2. SMT.LAKSHMI BHATT, S/O.KRISHNA BHATT, AGED 53 YEARS, RESIDING AT MITTHA KOLIYOOR, KOLIYOOR POST, MANHESHWAR(VIA), KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, BEDIADKA POLICE STATION, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PFROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application No. 3127 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of May, 2008. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the 2nd and 3rd accused in Crime No. 105/2008 of Badiadukka Police Station for offences punishable under Sections 294(b), 323, 406, 498(a) and 506(part-II) read with Section 34 I.P.C., seek anticipatory bail. 2. I have heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioners and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and B.A. No. 3127 OF 2008 2 subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall make themselves available for interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, JUDGE ttb