IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 7039 of 2009() ------------------------------------- CRIME NO.707/2009 OF EZHUKONE POLICE STATION. .......... PETITIONERS (S)/ ACCUSED 2 TO 5: --------------------------- 1. SAHADEVAN PILLAI, AGED 68 YEARS, THADATHIL PADINGATTATHIL, MADANTHKODU, NELLIMUKKU, KAREEPRA VILLAGE, KOTTARAKARA. 2. DEVAKIAMMA, W/O.SAHADEVAN PILLAI, THADATHIL PADINGATTATHIL, MADANTHKODU, NELLIMUKKU, KAREEPRA VILLAGE, KOTTARAKARA. 3. SUJA, W/O.KRISHNAN KUTTY, KARIKODU, KILIKOLLUR, KOLLAM. 4. SUNITHA KUMARI, AGED 36 YEARS, W/O.RAJENDRAN PILLAI, KUTTARA, MADANTHAKODU, NELLIMUKKU, KAREEPRA VILLAGE, KOTTARAKARA. BY ADV. MR.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7039 of 2009 ------------------------------------ Dated this the 2nd day of December, 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.2 to 5 in Crime No.707/2009 of Ezhukone Police Station. 2. The offence alleged against the petitioners is under Section 498-A 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. 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 7039 of 2009 2 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 ln