IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9406 of 2011 CRIME NO.1067 OF 2011 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT. PETITIONERS:ACCUSED NOS.1 TO 6: 1. SHAJI,S/O.RAVEENDRAN,VELUTHERIL, THOLICODE PO, PUNALUR,PATHANAPAURAM TALUK, KOLLAM, NOW RESIDING AT 'KAVITHA',PULAMOM PO, KOTTARAKKARA, KOLLAM DISTRICT. 2. RAVEENDRAN,VELUTHERIL, THOLICODE PO, PUNALUR,PATHANAPAURAM TALUK, KOLLAM, NOW RESIDING AT 'KAVITHA',PULAMOM PO, KOTTARAKKARA, KOLLAM DISTRICT. 3. MANIYAMMA,VELUTHERIL, THOLICODE PO, PUNALUR,PATHANAPAURAM TALUK, KOLLAM, NOW RESIDING AT 'KAVITHA',PULAMOM PO, KOTTARAKKARA, KOLLAM DISTRICT. 4. SHEEBA,VELUTHERIL, THOLICODE PO, PUNALUR,PATHANAPAURAM TALUK, KOLLAM, NOW RESIDING AT 'KAVITHA',PULAMOM PO, KOTTARAKKARA, KOLLAM DISTRICT. 5. SHEEJA,VELUTHERIL, THOLICODE PO, PUNALUR,PATHANAPAURAM TALUK, KOLLAM, NOW RESIDING AT 'KAVITHA',PULAMOM PO, KOTTARAKKARA, KOLLAM DISTRICT. 6. SHIBI,VELUTHERIL, THOLICODE PO, PUNALUR,PATHANAPAURAM TALUK, KOLLAM, NOW RESIDING AT 'KAVITHA',PULAMOM PO, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PANDALAM,PATHANAMTHITTA. 3. SMT.SWAPNA,D/O.SARASAMMA,KUTTIVILA VEEDU KURAMBALA MURI,PANDALAM,ADOOR TALUK, PATHANAMTHITTA DISTRICT PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9406 OF 2011 ------------------------------------------------------ Dated this the 22nd day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. According to the petitioners, they are accused Nos.1 to 6 in Crime No.1067 of 2011 of Pandalam Police Station, Pathanamthitta District. Learned Public Prosecutor submitted that petitioners 1, 3, 5 and 6 are respectively accused Nos.1, 2, 3 and 4. He also submitted that petitioners 2 and 4 are not made accused in the case. 2. The offence alleged against the accused 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 BAIL APPL. NO. 9406 OF 2011 :: 2 :: case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to petitioners 1, 3, 5 and 6/accused Nos.1,2,3 and 4. There will be a direction that in the event of the arrest of petitioners 1, 3, 5 and 6/accused Nos.1,2,3 and 4, the officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand 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) Petitioners 1, 3, 5 and 6/accused Nos.1,2,3 and 4 shall appear before the investigating officer for interrogation as and when required; c) Petitioners 1, 3, 5 and 6/accused Nos.1,2,3 and 4 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners 1, 3, 5 and 6/accused Nos.1,2,3 and 4 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. BAIL APPL. NO. 9406 OF 2011 :: 3 :: The Bail Application is allowed in so far as it relates to Petitioners 1, 3, 5 and 6/accused Nos.1,2,3 and 4 and it is closed as unnecessary in so far as it relates to petitioners 2 and 4, as they are not made accused in the case. (K.T.SANKARAN) Judge ahz/