IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 436 of 2010 CRIME NO.874 OF 2009 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. NOUSHAD @ KHADER, AGED 26 YEARS, S/O. K.M.ABBAS, RESIDING AT MUTTATHODY HOUSE, MUTTATHODY POST, ERUTHUMKADEV, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. NAFEESA, AGED 48 YEARS, RESIDING AT MUTTATHODY HOUSE, MUTTATHODY POST, ERUTHUMKADEV, KASARAGOD TALUK, KASARAGOD DISTRICT. 3. K.M.ABBAS, AGED 55 YEARS, RESIDING AT MUTTATHODY HOUSE, MUTTATHODY POST, ERUTHUMKADEV, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 436 OF 2010 ------------------------------------------------------ Dated this the 3rd day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.874 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 498A, 324 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. The petitioners are respectively the brother-in-law, mother- in-law and father-in-law of the de facto complainant. Accused No.4 is the husband of the de facto complainant. 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. B.A. NO. 436 OF 2010 :: 2 :: 6. 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 satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1 and 3 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/