IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3050 of 2009() ----------------------------- CRIME NO.68 OF 2009 OF ATHOLI POLICE STATION PETITIONERS : ACCUSED ------------------------------- 1. NAJEEB, S/O.MOIDEEN, KUNIYIL HOUSE, ATHOLI P.O.,KOZHIKODE DISTRICT. 2. ALIKOYA, S/O. MUHAMMEDKOYA PUTHITOTTIL,IMMARIYIL,P.O.THIRUVANGOOR, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE ATHOLI POLICE STATION, KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3050 of 2009 ----------------------------- Dated this the 11th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos.1 and 7 in Crime No.68 of 2009 of Atholi 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. 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 for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 1 P.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; BA No.3050/2009 2 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; f) 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