IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10504 of 2011 CRIME NO.945 OF 2011 OF CHAVARA THEKKUM BHAGOM POLICE STATION, KOLLAM DISTRICT. PETITIONERS/ACCUSED NOS.1 TO 6: --------------------------------------------------- 1. HASSAN RAWTHER, S/O. HAMEED RAWTHAR, AGED 54 YEARS, SHAMEER MANZIL, KOIVILA, THEVALAKKARA, KOLLAM. 2. ABDUL LATHEEF, AGED 43 YEARS, S/O.ABDUL RAHMAN KUNJU, KUZHIVELIL KIZHAKKATHIL, KOIVILA, THEVALAKKARA, KOLLAM. 3. NOORJAHAN, W/O. HASSAN RAWTHAR, AGED 48 YEARS, SHAMEER MANZIL, KOIVILA, THEVALAKKARA, KOLLAM. 4. ABDUL SALAM, S/O. ABDUL RAHMAN KUNJU, AGED 52 YEARS, THEKKADATHU, KOIVILA, THEVALAKKARA, KOLLAM. 5. ANZARI, S/O. ABDUL RAHMAN KUNJU, AGED 34 YEARS, THEKKADATHU, KOIVILA, THEVALAKKARA, KOLLAM. 6. SIMLATH, W/O. NIZARUDEEN, AGED 40 YEARS, THEKKADATHU, KOIVILA, THEVALAKKARA, KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, CHAVARA THEKKUM BHAGOM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.10504 OF 2011 ------------------------------------------------------ Dated this the 22nd day of December, 2011 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 6 in Crime No.945 of 2011 of Chavara Thekkum Bhagom Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 294(b), 323, 324, 354 and 498A read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the brother-in-law of accused No.2. Accused No.2 is the husband of the defacto complainant. Accused Nos.3, 4 and 5 are the sister and brothers of accused No.2 and accused No.6 is the sister-in-law of accused No.2. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BAIL APPL. NO. 10504 OF 2011 :: 2 :: 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. 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 Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Accused Nos.1 and 2 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 ahz/