IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 72 of 2010() --------------------------- CRIME NO.942/2009 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED : ------------------------------------ 1. ABDUL HAMEED, AGED 32 YEARS, S/O.M.A.AHAMMED, R/AT HIDAYATH NAGER, HIDAYATH NAGER P.O., MADHUR VILLAGE, KASARAGODE DIST. 2. M.A.AHAMMED, AGED 60 YEARS, R/AT HIDAYATH NAGER, HIDAYATH NAGER P.O., MADHUR VILLAGE, KASARAGODE DIST. 3. ASMA, W/O.M.A.AHAMMED, R/AT HIDAYATH NAGER, HIDAYATH NAGER P.O., MADHUR VILLAGE, KASARAGODE DIST. 4. ABIDA, AGED 20 YEARS, S/O.M.A.AHAMMED, R/AT HIDAYATH NAGER, HIDAYATH NAGER P.O., MADHUR VILLAGE, KASARAGODE DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.72 of 2010 --------------------------------------------- Dated this the 11th day of February, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.942 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 323 and 498A 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.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA No.72/2010 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 csl