IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4555 of 2009() ------------------------------------- CRIME NO. 180/2009 OF KASARAGOD POLICE STATION ............. PETITIONERS/ACCUSED: ----------------------------------- 1. ABDUL RAZHAK, AGED 35 YEARS, S/O. HAZEENAR, MUSTHAFA MANZIL, ARALAPADAVU, PANAJAI VILLAGE. PUTHOOR TALUK, KASARAGOD DISTRICT. 2. HAZEENAR, AGED 60 YEARS, S/O. SUOOPI, MUSTHAFA MANZIL, ARALAPADAVU, PANAJAI VILLAGE. PUTHOOR TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.B. SHAJIMON RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, KUMBLA POLICE STATION. REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY SRI. GIKKU JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4555 of 2009 ------------------------------------ Dated this the 18th day of August, 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 accused Nos.1 and 2 in Crime No.180/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 498 (A), 323, 324 and 506 (ii) read with Section 34 of the Indian Penal Code. 3. The first accused is the husband of the defacto complainant, while the second accused is her father-in-law. A complaint was filed by the defacto complainant before the Court of the Judicial Magistrate of the First Class, Kasaragod, which was forwarded to the police for investigation under Section 156 (3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. I have perused the Case Diary file. 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. B.A. No. 4555 of 2009 2 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 first petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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