IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8901 of 2011 CRIME NO.575 OF 2011 OF BALUSSERRY POLICE STATION, KOZHIKODE. PETITIONERS/ACCUSED 2 TO 5 --------------------------------------------- 1. V.K.SUBAIDA,W/O.MOIDEEN KOYA, VADAKKEKALATHIL, KANTAPURAM, POST UNNIKULAM, KOZHIKODE DISTRICT. 2. ZEENATH,W/O. ABDUL RASHEED, AGED 32 YEARS, THADAYANGAL HOUSE, POST ELLETTIL, KOZHIKODE DISTRICT. 3. ABDUL RASHEED,S/O.KOYAMMU, AGED 37 YEARS, THADAYANGAL HOUSE, POST ELLETTIL, KOZHIKODE DISTRICT. 4. MOIDEEN KOYA,S/O.PAKKER, AGED 59 YEARS, THADAYANGAL HOUSE, POST ELLETTIL , KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8901 OF 2011 ------------------------------------------------------ Dated this the 23rd 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. The petitioners are accused Nos.2 to 5 in Crime No.575 of 2011 of Balusserry Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 406, 498A and 313 read with Section 34 of the Indian Penal Code. 3. Accused No.1 is the husband of the defacto complainant. He is working in a Gulf country. It is stated that he was arrested and he was released on bail. Accused Nos.2, 3 and 5 are respectively the mother, sister and father of accused No.1. Accused No.4 is the husband of accused No.3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. BAIL APPL. NO. 8901 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 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 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/