IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5977 of 2011() ----------------------------- CRIME NO.547/2011 OF CHANDERA POLICE STATION PETITIONERS (S): ACCUSED --------------------------- 1. RIYAS.K.C, AGED 32 YEARS, S/O. ABDUL RASAQUE, KOUVVAYI, CHERIYA THEKKEKADAVU, PADNE VILLAGE, PADANNA KADAPURAM, KASARAGOD DISTRICT. 2. ABDUL RASAQUE, AGED 65 YEARS, MADAMBILLATHU HOUSE, PADNE VILLAGE, PADANNA KADAPURAM, KASARAGOD DISTRICT. 3. MARIYUMMA, AGED 60 YEARS, W/O. ABDUL RASAQUE, MADAMBILLATHU HOUSE, PADNE VILLAGE, PADANNA KADAPURAM, KASARAGOD DISTRICT. 4. K..C FOUSIYA, W/O.A.K. ISMAIL, AGED 42 YEARS, KAKKECHUMMADE HOUSE, PADANNE POST, KASARAGOD DISTRICT. 5. K.C HANEEFA, AGED 36 YEARS, S/O. ABDUL RASAQUE, KAIPATTIL HOUSE, PADANNE POST, KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY S.H.O CHANDERA POLICE STATION, KASARAGOD DISTRICT, THROUGH POLICE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5977 of 2011 --------------------------- Dated this the 3rd day of August, 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 5 in Crime No.547 of 2011 of Chandera Police Station, Kasaragod. 2. The offence alleged against the petitioners are under Section 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. BA 5977/2011 2 There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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/first accused shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, 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