IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 3997 of 2009() ----------------------------- CRIME NO.390/09 OF GANDHINAGAR POLICE STATION .................... PETITIONERS:ACCUSED -------------------------------- 1. SHIBU MATHEW, AGED 38 YEARS, S/O.M.M.MATHEW, THAIPARAMBIL HOUSE, THELLAKOM P.O., ADICHIRA, PEROOR VILLAGE, KOTTAYAM TALUK, NOW RESIDING AT NO.5, C.K.GARDEN, ST.THOMAS TOWN, BANASWADI, BANGALORE-43. 2. MRS.SHERLY ABRAHAM RAJAN, AGED 52 YEARS, W/O.ABRAHAM RAJAN, NO.3,515 COLONY, H A L, 3RD STREET, NEW THIPPA SANDRA, BANGALORE-75. 3. MRS.TESLINE JOHN, AGED 28 YERAS, W/O.PHILIP MACVAS JOHN, 1ST FLOOR, NO.3, 515 COLONY, H A L, 3RD STREET, NEW THIPPA SANDRA, BANGALORE-75. 4. BESLINE ABRAHAM RAJAN, AGED 26 YEARS, D/O.ABRAHAM RAJAN, NO.3, 515 COLONY, H A L, 3RD STREET, NEW THIPPA SANDRA, BANGALORE-75. BY ADV. DR.SEBASTIAN CHAMPAPPILLY SMT.ANNIE GEORGE SRI.T.C.DIPIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3997 of 2009 --------------------------------------------- Dated this the 29th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.390 of 2009 of Gandhi Nagar Police Station, Kottayam. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. I have perused the case diary. 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.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BA No.3997/2009 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 csl