IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 407 of 2010 CRIME NO.234 OF 2009 OF KELAKAM POLICE STATION, KANNUR PETITIONERS : ACCUSED 1-3: -------------------------------- 1. SUJITH KUMAR, S/O.K.VISWANATHAN NAIR, AGED 34 YEARS, DEVI NILAYAM, 674 SECOND B CROSS, 8TH BLOCK, KORAMANGALA, BANGALORE. 2. RADHA K.P., VINEETH P., W/O.K.VISWANATHAN NAIR, AGED 55 YEARS, DEVI NILAYAM, 674 SECOND B CROSS, 8TH BOLCK, KORAMANGALA, BANGALORE. 3. K.VISWANATHAN NAIR, S/O.PARAMESWARAN NAIR, AGED 60 YEARS, DEVI NILAYAM, 674 SECOND B CROSS, 8TH BOLCK, KORAMANGALA, BANGALORE. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: COMPLAINANT: --------------------------- STATE THROUGH THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, KANNUR DISTRICT (CRIME NO.234/09 OF KELAKAM POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 407 OF 2010 ------------------------------------------------------ Dated this the 25th day of March, 2010 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 3 in Crime No.234 of 2009 of Kelakam Police Station, Kannur. 2. The offence alleged against the petitioners is 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. 5. 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.15,000/- each with two B.A. NO.407 OF 2010 :: 2 :: 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) 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/