IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Bail Appl..No. 812 of 2010() -------------------------------- CRIME NO. 77/2010 0F PATHANAMTHITTA POLICE STATION ....................... PETITIONERS/ACCUSED 1 TO 4 : ------------------------------------- 1. REJI JOSEPH, VELLAPPALLY VEEDU, CHENEERKARA.P.O, THUMPAMON, ADOOR, PATHANAMTHITTA. 2. JOSEPH VARGHESE, VELLAPPALLY VEEDU, CHENEERKARA.P.O, THUMPAMON, ADOOR, PATHANAMTHITTA. 3. LEELAMMA JOSEPH, VELLAPPALLY VEEDU, CHENEERKARA.P.O, THUMPAMON, ADOOR, PATHANAMTHITTA. 4. REJANI, VELLAPPALLY VEEDU, CHENEERKARA.P.O, THUMPAMON, ADOOR, PATHANAMTHITTA. BY ADVS. SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 812 of 2010 ------------------------------------ Dated this the 5th day of March, 2010 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.1 to 4 in Crime No.77/2010 of Pathanamthitta Police Station. 2. The offences alleged against the petitioners are under Sections 406 and 498-A 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. 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.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 812 /2010 2 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 ln