IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Bail Appl..No. 1013 of 2011() ----------------------------- CRIME NO.318/2009 OF PUNNAPRA POLICE STATION PETITIONERS: -------------------- 1. BINEESH SALIM,AGED 34, S/O.P.A.SALIM, RESIDING AT PULIKKAKUDI HOUSE, KOOVALLOOR PO MUDIYOOR, PALARIMANGALAM VILLAGE, KOTHAMANGALAM, ERNAKULAM. 2. MALIKA, AGED 62, W/O.P.A.SALIM, RESIDING AT PULIKKAKUDI HOUSE, KOOVALLOOR PO MUDIYOOR, PALARIMANGALAM VILLAGE, KOTHAMANGALAM, ERNAKULAM. 3. P.A.SALIM,AGED 66 RESIDING AT PULIKKAKUDI HOUSE, KOOVALLOOR PO MUDIYOOR, PALARIMANGALAM VILLAGE, KOTHAMANGALAM, ERNAKULAM. BY ADV. SMT.S.SUJINI SMT.B.J.MEYFLOWER RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,POTHANIKADU POLICE STATION ,KOTHAMANGALAM,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1013 of 2011 ------------------------------------------------ Dated this the 28th day of February, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.1 to 3 in Crime No.318 of 2009 of Punnapra Police Station for an offence punishable under Section 498-A I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor submitted that this case was originally registered as Crime No.318 of 2009 of Punnapra Police Station for an offence punishable under Section 498-A I.P.C. and transferred to Pothanicad Police Station but the Pothanicad Police has not yet received the transfer F.I.R. and connected records. 3. After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930), I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer- Bail Appln.No.1013/2011 -:2:- in-charge of the police station concerned to release the petitioners on bail in the event of their arrest in connection with the above case on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation including custodial 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. The bail granted pursuant to this order shall be in force till the end of the trial of the case unless and until it is cancelled by this Court in accordance with paragraph 103 of the verdict in Siddharam Satlingappa Mhetre's case (supra). Bail Appln.No.1013/2011 -: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. Dated this the 28th day of February, 2011. V.RAMKUMAR, JUDGE. skj