IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Bail Appl..No. 1701 of 2011() ---------------------------------- (CRIME NO.119/2011 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM DISTRICT) ............ PETITIONERS ----------------- 1. MUHAMMED SAMEER,AGED 32 YEARS, S/O.MUHAMMED SEETHI,SEMI NIVAS,VADAKARA.P.O, VETTIKKATTUMUKKU,VAIKOM TALUK. 2. ASMA SEETHI,AGED 52 YEARS, W/O.MUHAMMED SEETHI,SEMI NIVAS,VADAKARA.P.O, VETTIKKATTUMUKKU,VAIKOM TALUK. 3. MUHAMMED SEETHI,AGED 63 YEARS, S/O.MUHAMMED,SEMI NIVAS,VADAKARA.P.O, VETTIKKATTUMUKKU,VAIKOM TALUK. BY ADV. SRI.E.S.M.KABEER RESPONDENT(S): -------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THALAYOLAPARAMBU - 686 605. 3. BENZIYA,AGED 28 YEARS, W/O.MUHAMMED SAMEER,SEMI NIVAS,VADAKARA.P.O, VETTIKKATTUMUKKU,VAIKOM TALUK, PIN - 686 141 R1 & R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1701 of 2011 ----------------------------------------------------- Dated this the 9th day of March, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.1 to 3 in Crime No.119 of 2011 of Thalayolaparambu Police Station for offences punishable under Sections 498-A, 323, 341 & 34 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 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-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 Bail Appln.No.1701/2011 : 2 : 11 a.m. on all Wednesdays till the filing of the final report. 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 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). 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 9th day of March, 2011. V.RAMKUMAR, JUDGE skj