IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Bail Appl..No. 4900 of 2011() ----------------------------- Crime No.420 of 2011 of Kumbla Police Station, Kasaragod PETITIONERS:ACCUSED: ----------------------- 1. ABDULKHADER, S/O.MAMMUNHI HAJI JALALIA MANZIL, KIDOOR PO VIA KUMBLA, KASARGODE DISTRICT. 2. HUSSAIN, S/O. MAMMUNHI HAJI JALALIA MANZIL, KIDOOR PO VIA KUMBLA, KASARGODE DISTRICT. 3. FATHIMA, W/O.IBRAHIM KANCHIKATTA ROAD, KUMBLA PO,KASARGODE DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM,KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.4900 of 2011 ------------------------------------------------ Dated this the 28th day of June, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are accused Nos.1 to 3 in Crime No.420 of 2011 of Kumbla Police Station for offences punishable under Sections 324, 498-A & 506(i) read with Section 34 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. The learned Public Prosecutor on instructions submitted that even though petitioners 1 to 3 were A1 to A3, the names of the petitioners 2 & 3 have since been deleted from the array of accused and as at present the first petitioner is the sole accused. If so, the apprehension of arrest and harassment entertained by the petitioners 2 and 3 is unfounded and this application so far as it relates to petitioners 2 and 3 is dismissed. 4. 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 Bail Appln.No.4900/2011 : 2 : Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930) , I am inclined to grant anticipatory bail to the first petitioner (A1). Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the first petitioner (A1) on bail in the event of his arrest in connection with the above case on his 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 first petitioner (A1) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The first petitioner (A1) shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The first petitioner (A1) shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The first petitioner (A1) shall not commit any offence while on bail. Bail Appln.No.4900/2011 : 3 : 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 first petitioner (A1) commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above. Dated this the 28th day of June, 2011. V.RAMKUMAR, JUDGE. skj TRUE COPY P.A. TO JUDGE