IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 6071 of 2009() ----------------------------- CRIME NO.650/2009 OF VADAKKANCHERRY POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3 -------------------------------------------------- 1. SANTHOSH KUMAR, AGED 31, S/O.KESAVAN NAIR, SANTHOSH BHAVAN, EDATHALA NORTH P.O., ALUVA. 2. KESAVAN NAIR, AGED 61, S/O.KUNJUNNI PANICKAR, SANTHOSH BHAVAN, EDATHALA NORTH P.O., ALUVA. 3. OMANA.K.R., AGED 53, S/O.KESAVAN NAIR, SANTHOSH BHAVAN, EDATHALA NORTH P.O., ALUVA. BY ADV. SRI.V.M.SAJAN SRI.JAISON JOSEPH RESPONDENT(S): STATE/COMPLAINANT ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADANKKANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6071 of 2009 --------------------------------------------- Dated this the 22nd day of October, 2009 ORDER 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.650 of 2009 of Vadakkancherry Police Station. 2. The offences alleged against the petitioners are under Sections 498A and 406 read with Section 34 of the Indian Penal Code. 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 two solvent sureties for the like amount to the BA No.6071/2009 2 satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners 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 csl