IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3656 of 2011 ------------------------------------- [CRIME NO.434/2011 OF KUNNIKODE POLICE STATION, KOLLAM DISTRICT] ............... PETITIONERS/ACCUSED NO.2,3 & 4: ---------------------------------------------------- 1. SAHIDKUTTY, S/O. ADIMAKUNJU, MUKALUVILA PUTHEN VEEDU, PULIMUKKU, KUNNIKODE, VILAK KUDY VILLAGE, KOLLAM DISTRICT. 2. SHAJAHAN, S/O. ADIMAKUNJU, MUKALUVILA PUTHEN VEEDU, PULIMUKKU, KUNNIKODE, VILAK KUDY VILLAGE, KOLLAM DISTRICT. 3. SHAMI, W/O. SHAJAHAN, MUKALUVILA PUTHEN VEEDU, PULIMUKKU, KUNNIKODE, VILAK KUDY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2. THE SUB INSPECTOR OF POLICE, KUNNIKODE POLICE STATION, KOLLAM DISTRICT, PIN-696 002. R1 & R2 BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3656 OF 2011 = = = = = = = = = = = = = = = Dated this the 17th day of May, 2011 O R D E R Petitioners are accused Nos.2 to 4 in Crime No. 434 of 2011 of Kunnikode Police Station, Kollam District. It was registered under Sections 341, 323, 498A and 506(2) r/w S.34 IPC. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. Petitioners 1 and 2 are the brothers of the husband of the defacto complainant. 3rd petitioner is stated to be the wife of the 2nd petitioner. It is alleged that the defacto complainant was subjected to physical and mental cruelty and she was restrained and beaten up by the accused persons. Learned counsel for the petitioners submits that there was no serious allegation against these petitioners. Considering all the aspects the petitioners can be granted pre-arrest bail. Hence the following directions are issued. B.A. NO. 3656 OF 2011 -:2:- 3. The petitioners shall surrender before the concerned Magistrate within 7 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail applications in accordance with law. In the meanwhile if the petitioners are arrested they shall be released on bail on their executing a bond for Rs.50,000/- with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: i. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. B.A. NO. 3656 OF 2011 -:3:- iii. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court, Pathanamthitta without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioners will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. Sd/- N.K. BALAKRISHNAN,JUDGE. ul/- [ true copy ] P.A. to Judge.