IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7236 of 2009 CRIME NO.450 OF 2009 OF KONDOTTY POLICE STATION, MALAPPURAM PETITIONER: ACCUSED NO.4: ------------------------------ MUJEEBURAHMAN S/O.ABDURAHIMAN, VAZHITHALAPARAMBU, KOTTOOKARA KONDOTTY PO, MALAPPURAM DISTRICT BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7236 OF 2009 ------------------------------------------------------ Dated this the 8th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.450 of 2009 of Kondotty Police Station. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. The first accused is the husband of the deceased. Accused Nos.2 and 3 are the father-in-law and mother-in-law of the deceased. The petitioner is the brother of the first accused. 4. Heard the learned counsel for the petitioner 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 the petitioner. B.A. NO. 7236 OF 2009 :: 2 :: 6. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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/