IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7273 of 2009 CRIME NO.1794 OF 2009 OF KOTTARAKARA POLICE STATION PETITIONER/ACCUSED NOS.1 TO 3: -------------------------------------- 1. SUNIL, SUNIL BHAVAN, KULAKKADA P.O., PUTHOOR MUKKU, KOTTARAKARA. 2. SHANTHA, W/O.SOMAN, SUNIL BHAVAN, KULAKKADA P.O., PUTHOOR MUKKU, KOTTARAKARA. 3. SOMAN, SUNIL BHAVAN, KULAKKADA P.O., PUTHOOR MUKKU, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7273 OF 2009 ------------------------------------------------------ Dated this the 16th 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. Petitioners are accused Nos.1 to 3 in Crime No.1794 of 2009 of Kottarakara Police Station. 2. The offences alleged against the petitioners are under Sections 498A and 323 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. 5. 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 B.A. NO. 7273 OF 2009 :: 2 :: 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) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, 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/