IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3413 of 2009() ----------------------------- CRIME NO.75/2009 OF KUDIYANMALA POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. SHIJU THOMAS,AGED 31 YEARS, A1 S/O.THOMAS,PANAKKAL HOUSE, NADUVIL AMSAM DESAM,POTHUKUNDU,NADUVIL P.O. 2. THOMAS PANAKKAL,AGED 58 YEARS, A2 PANAKKAL HOUSE,NADUVIL AMSAM DESAM, POTHUKUNDU,NADUVIL P.O. 3. ALIAMMA,AGED 53 YEARS, A3 W/O.THOMAS PANAKKAL,PANAKKAN HOUSE, NADUVIL AMSAM DESAM,POTHUKUNDU,NADUVIL P.O. 4. SHILLY,AGED 27 YEARS,S/O.VINCENT, A4 VALEN PUTHAN PURAKKAL,THAVUKUNNU, VAYATTUPARAMBU P.O. 5. VINCENT,AGED 30 YEARS,S/O.MATHEW, A5 VALEN PUTHAN PURAKKAL,THAVUKUNNU, VAYATTUPARAMBU P.O. 6. SHEEBA,AGED 28 YEARS,W/O.BIJU, A6 KARUKAPPALLINI,KOOLAMBI, KARUVANCHAL (P.O),VELLADU. 7. BIJU,AGED 32 YEARS, A7 KARUKAPPALLINI,KOOLAMBI, KARUVANCHAL (P.O),VELLADU. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY INSPECTOR OF POLICE, KUDIYANMALA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR,ERNAKULAM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3413 of 2009 ------------------------------ Dated this the 26th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.75 of 2009 of Kudiyanmala Police Station. 2. The offences alleged against the petitioners are under Sections 498A, 323 and 506(i) of the Indian Penal Code. 3. The defacto complainant filed a complaint before the court of the Judicial Magistrate of First Class, Taliparambu, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. I have gone through the case diary. 5. 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 for the like amount to the satisfaction of the officer concerned, subject to BA No. 3413/2009 2 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 csl BA No. 3413/2009 3 K.T.SANKARAN, JUDGE csl