IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Bail Appl..No. 728 of 2011() -------------------------------------- CRIME NO.1096/2010 OF CHERTHALA POLICE STATION, ALLEPPEY DISTRICT ---------------------- PETITIONERS/ACCUSED NO. 1 TO 4 ----------------------------------------------------- 1. SAJAY SADHASIVAN, ARYAVARTH, KALLUMALIL HOUSE, NELLIMALA P.O., ERAVIPEROOR, THIRUVALLA. 2. V.K.SADHASIVAN, ARYAVARTH, KALLUMALIL HOUSE, NELLIMALA P.O., ERAVIPEROOR, THIRUVALLA. 3. OMANA SADHASIVAN, ARYAVARTH, KALLUMALIL HOUSE, NELLIMALA P.O., ERAVIPEROOR, THIRUVALLA. 4. SAJITHA SREEKUMAR, ARYAVARTH, KALLUMALIL HOUSE, NELLIMALA P.O., ERAVIPEROOR, THIRUVALLA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.728 of 2011 ----------------------------------------------------- Dated this the 4th day of February, 2011 ORDER In this Petition filed under Sec.438 Cr.P.C. the petitioners who are accused Nos.1 to 4 in Crime No.1096 of 2010 of Cherthala Police Station for an offence punishable under Section 498 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. 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:- Bail Appln.No.728/2011 : 2 : 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 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. V.RAMKUMAR, JUDGE. skj