IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4999 of 2009 CRIME NO.843 OF 2009 OF PATHANAMTHITTA POLICE STATION PETITIONERS/ACCUSED NO.1 TO 5 ------------------------------------------------- 1. SUNIL KUMAR,S/O.GOPALAKRISHNAN NAIR, CHARIVUMADATHIL HOUSE,MAMOOD P.O. & MURI, VALLIKODE VILLAGE. 2. GOPALAKRISHNAN NAIR, CHARIVUMADATHIL HOUSE, MAMOOD P.O. & MURI,VALLIKODE VILLAGE. 3. T.N.RAMAKRISHNAN NAIR, CHARIVUMADATHIL HOUSE, MAMOOD P.O. & MURI,VALLIKODE VILLAGE. 4. SANTHAMMA P.K.,W/O.GOPALAKRISHNAN NAIR, CHARIVUMADATHIL HOUSE, MAMOOD P.O. & MURI,VALLIKODE VILLAGE. 5. SASIKALA, CHARIVUMADATHIL HOUSE, MAMOOD P.O. & MURI,VALLIKODE VILLAGE. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4999 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 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.843 of 2009 of Pathanamthitta Police Station. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the case diary. 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 charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties B.A. NO. 4999 OF 2009 :: 2 :: 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) 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/