IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5339 of 2009() -------------------------------------- CRIME NO.490/2009 OF KOLLAM WEST POLICE STATION, PETITIONERS/ACCUSED: --------------------------------------- 1. BINU ALEX, S/O. ALEXANDER, BINU BHAVAN, KANNIMEL CHERRY, KAVANAD P.O., KOLLAM 2. METILDA ALEXANDER, W/O. ALEXANDER, BINU BHAVAN, KANNIMEL CHERRY, KAVANAD P.O., KOLLAM 3. ALEXANDER, BINU BHAVAN, KANNIMEL CHERRY, KAVANAD P.O., KOLLAM 4. BEENA FREDY, MARY LAND, KANNIMEL CHERRY, KAVANAD P.O., KOLLAM 5. FREDY, MARY LAND, KANNIMEL CHERRY, KAVANAD P.O., KOLLAM. BY ADV. SRI.B.CHANDRA LAL RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KOLLAM ESTATE & SAKTHIKULANGARA POLICE STATIONS, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5339 of 2009 ------------------------------------ Dated this the 23rd day of September, 2009 O R D E R The petitioners, five in number have filed this application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure apprehending arrest in Crime No.490/2009 of Kollam West Police Station. 2. The learned Public Prosecutor submitted that the crime was subsequently transferred to Sakthikulangara Police Station, where it is registered as Crime No.391/2009. It is also submitted by the learned Public Prosecutor that the 5th petitioner is not an accused in the crime. 3. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 petitioners 1 to 4. There will be a direction that in the event of the arrest of petitioners 1 to 4, the officer in charge of the police station shall B.A. No.5339 /2009 2 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) Petitioners 1 to 4 shall appear before the investigating officer for interrogation as and when required; B) Petitioners 1 to 4 shall not try to influence the prosecution witnesses or tamper with the evidence. C) Petitioners 1 to 4 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 scm