IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 Bail Appl..No. 7939 of 2008() ------------------------------------- CRIME NO.353 OF 2008 OF KUMBLA POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED 2 TO 6: ----------------------------------------------- 1. NABEESA, W/O. MOHAMMED KALPANA, AGED 40 YEARS, BOMBRANA P.O., KUMBLA,KASARAGOD TALUK. 2. MARIYAMMA,W/O. YOUSUF, AGED 32 YEARS, KALATHOOR HOUSE, ICILAMPADY P.O.,KUMBLA, KASARAGOD TALUK. 3. THAHIRA,W/O. HAMEED, AGED 23 YEARS PANJATKUNNU HOUSE, MOGRALPUTHUR P.O., KASARAGOD TALUK. 4. YOUSUF,S/O.ABBAS, AGED 55 YEARS NEAR DINESH BEEDI COMPANY (OLD) BEERANDIKARA HOUSE, BOMBRANA P.O. KUMBLA KASARAGOD TALUK. 5. NISAR, S/O.ABU, AGED 22 YEARS, BARNIKATTA HOUSE, BOMBRANA P.O. KUMBLA KASARAGOD TALUK. BY ADV. SRI.JACOB E SIMON RESPONDENT/STATE: ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, KASARAGOD,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ----------------------------------------- Bail Application No.7939 of 2008 ----------------------------------------- Dated this the 30th day of December, 2008 O R D E R Petitioners are accused Nos.2 to 6 in crime No.353/2008 of Kumbla Police Station for the offences punishable under Section 498A read with 149 of IPC. 2. The allegation against the accused including the husband of the defacto complainant is that they illtreated the defacto complainant demanding more dowry. Learned counsel for petitioners submitted that petitioners are innocent and they are unnecessarily impleaded in the crime. Hence, they seek anticipatory bail. 3. I have heard the learned counsel for petitioners and the learned Public Prosecutor. 4. The first accused/husband is granted bail from the court of Chief Judicial Magistrate, Kasargode. Considering the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to B.A. No.7939 of 2008 -:2:- the petitioners. Accordingly, a direction is issued to the officer-in-charge of the Kumbla Police Station to release the petitioners on bail forthwith, for a period of one month in the event of their arrest in connection with the above crime on each of them executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer once in a fortnight. 2. Petitioners shall make themselves available for interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. B.A. No.7939 of 2008 -:3:- If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, JUDGE pac