IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3024 of 2009 CRIME NO.238 OF 2009 OF KADACKAL POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKARA. PETITIONERS/ACCUSED --------------------------------------- 1. SHAJAHAN, S/O.JALALUDEEN, AGED 25 YEARS, KILITHATTIL VEEDU, KOLLAYIL, KURAKKODU DESOM, CHITHAR VILLAGE, KOLLAM DISTRICT. 2. JALALUDEEN, AGED 55 YEARS, KILITHATTIL VEEDU, KOLLAYIL, KURAKKODU DESOM, CHITHAR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOTTARAKARA, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3024 OF 2009 ------------------------------------------------------ Dated this the 10th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.238 of 2009 of Kadackal Police Station. 2. The offences alleged against the petitioners are under Sections 498(A), 323 and 324 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Court of the Judicial Magistrate of the First Class II, Kottarakkara, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Crime No.238 of 2009 was registered for the aforesaid offences. It is stated in the complaint itself that the first petitioner is a deaf and dumb person. The first petitioner is the husband of the de facto complainant and the second petitioner is her father-in-law. 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 B.A. NO. 3024 OF 2009 :: 2 :: 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 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) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular 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 ahz/