IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 6260 of 2009() ----------------------------- CRIME NO.720/2009 OF KASARAGOD POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 4: --------------------------------------- 1. ABDULRAHIMAN, AGED 27 YEARS, S/O.AHAMMED, SHAFI MANZIL, DESHAMANGALAM BADRADKA, KASARAGOD TALUK & DISTRICT. 2. AHAMMED, AGED 55 YEARS, SHAFI MANZIL, DESHAMANGALAM, BADRADKA, KASARAGOD TALUK AND DISTRICT. 3. NAFEESA, AGED 50 YEARS, W/O.AHAMMED SHAFI MANZIL, DESHAMANGALAM, BADRADKA, KASARAGOD TALUK AND DISTRICT. 4. SAINABA, SHAFI MANZIL, DESHAMANGALAM, BADRADKA, KASARAGOD. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.720 OF 2009 OF KASARAGOD POLICE STATION), KASARAGOD. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6260 OF 2009 ------------------------------------------------------ Dated this the 3rd day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No.720 of 2009 of Kasaragod Police Station. 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 B.A. NO. 6260 OF 2009 :: 2 :: them on bail on their executing bond for Rs.10,000/- 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/