IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Bail Appl..No. 9248 of 2011() ----------------------------- CRIME NO.342/2011 OF RAJAPURAM POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------------- 1. BIJOY XAVIER, AGED 33 YEARSW, S/O. XAVIOR, ARAKKAL HOUSE, RESIDING AT CHULLIKKARA, PADIMARUTH.P.O., KALLAR VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT. 2. E.P. XAVIOR, AGED 65 YEARS, S/O. PAILI @ POULOSE, ARKKAL HOUSE, RESIDING AT CHULLIKKARA, PADIMARUTH.P.O., KALLAR VILLAGE. 3. ROSAKUTTY XAVIOR @ ROSAMMA, AGED 60 YEARS, W/O. E.P.XAVIOR, ARAKKAL HOUSE, RESIDING AT CHULLIKKARA, PADIMARUTH.P.O., KALLAR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE STATION HOUSE OFFICER, (CRIME NO.342/2011 OF RAJAPURAM POLICE STATION, KASARAGOD DISTRICT). PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9248 of 2011 --------------------------- Dated this the 19th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.342 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's court which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. 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 arrest of the BA 9248/11 2 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- (Rupees Ten Thousand only) 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 csl