IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 619 of 2010() ---------------------------------------- CRIME NO.194/2010 OF KALAMASSERRY POLICE STATION. PETITIONERS/ACCUSED: ----------------------------------------- 1. MR. SATHAR, S/O. HASSAN KUNJU, S.R.K. MANZIL, VENGA MURI, MYNAGAPPALLY, KOLLAM. 2. MR. A.HASSN KUNJU, S.R.K. MANZIL, VENGA MURI, MYNAGAPPALLY, KOLLAM. 3. MRS. KADEEJA BEEVI, W/O. HASSAN KUNJU, S.R.K. MANZIL, VENGA MURI, MYNAGAPPALLY, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, KALAMASSERRY, ERNAKULAM DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 619 of 2010 --------------------------- Dated this the 22nd day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are respectively accused Nos. 1, 3 and 2 in Crime No.194 of 2010 of kalamassery Police Station. They apprehend arrest on an accusation of having committed the offence under Section 498 A read with Section 34 of the Indian Penal Code. 2. The first petitioner is the husband of the de facto complainant. Petitioners 2 and 3 are the parents of the first petitioner. 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 B.A. No. 619/2010 2 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 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 scm