IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Bail Appl..No. 3965 of 2009() -------------------------------------- CRIME NO.666/2009 OF KUNDARA POLICE STATION. PETITIONERS/ACCUSED 1-3: ----------------------------------------------- 1. NAVAS, AGED 32 YEARS, S/O.KABIR, R/AT PARAMBIL HOUSE, THAMARAKULAM, KOLLAM NOW RESIDING AT SAJEENA MANZIL, PUTHUVAL PUTHEN VEEDU, PERUMPUZHA P.O., KERALAPURAM, KOLLAM TALUK. 2. FATHIMA, AGED 55 YEARS, W/O.KABIR, R/AT -DO-. 3. SININA, AGED 22 YEARS, W/O.ANEESH, R/AT NAISHANA MANZIL, KULLAMBIL PUTHEN VEEDU, PERUMPUZHA P.O., KERALAPURAM, KOLLAM TALUK. BY ADV. SRI.B.CHANDRA LAL RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3965 of 2009 ------------------------------------ Dated this the 4th 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 to 3 in Crime No.666/2009 of Kundara Police Station. 2. The offence alleged against the petitioners is under Section 498 A read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that accused No.1 (petitioner No.1) was arrested after filing of this Bail Application and therefore, the Bail Application has become infructuous in so far as it relates to the first petitioner. 4. I have perused the Case Diary. 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 petitioner Nos. 2 and 3. There will be a direction that in the event of the arrest of petitioner Nos. 2 and 3, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/-each with two solvent sureties for the like amount to B.A. No.3965/2009 Page numbers the satisfaction of the officer concerned, subject to the following conditions: A) Petitioner Nos. 2 and 3 shall appear before the investigating officer for interrogation as and when required; B) Petitioner Nos. 2 and 3 shall not try to influence the prosecution witnesses or tamper with the evidence. C) Petitioner Nos. 2 and 3 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