IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2618 of 2009 CRIME NO.352 OF 2009 OF VADAKARA POLICE STATION PETITIONER/ACCUSED NO.1 ------------------------------------------- CHINNAN, S/O.CHATHU, CHETHIL HOUSE, NADAKKUTHAZHA AMSOM, MEPPAYIL DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. ( IN CRIME NO.352 OF 2009 OF IN VADAKARA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, ALONG WITH B.A.NO.2764 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. Nos.2618 & 2764 OF 2009 ------------------------------------------------------ Dated this the 27th May, 2009 O R D E R B.A.No.2618 of 2009 is filed by the first accused while B.A.No.2764 of 2009 is filed by accused Nos.2 to 5 in Crime No.352 of 2009 of the Vadakara Police Station, under Section 438 of the Code of Criminal Procedure for anticipatory bail . 2. The offence alleged against the petitioners is under Sections 498(A) and 406 read with Section 149 of the Indian Penal Code. 3. Learned counsel for the petitioners submitted that the first accused, who is the husband of the de facto complainant, has filed O.P.No.211 of 2009 before the Family Court, Kozhikode for divorce on 9.3.2009. The parties were called for counselling. They were present for counselling. Thereafter, on 29.4.2009, the present complaint was filed and it was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. 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 B.A. NOS. 2618 AND 2764 OF 2009 :: 2 :: 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 for a period of one month 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 the following conditions: a) The petitioner in B.A.No.2618 of 2009 and petitioners 2 to 4 in B.A.No.2764 of 2009 shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; f) 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/