IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2756 of 2009() ------------------------------------- CRIME NO.115/2009 OF THE KALPETTA POLICE STATION PETITIONERS/ACCUSED 1 & 2: ------------------------------------------------ 1. JAYESH, S/O.KRISHNANKUTTY NAIR, JAYA MANDIRAM, THEKKUMTHARA POST, KOTTATHARA VILLAGE, WAYANAD DISTRICT. 2. KRISHNANKUTTY NAIR, S/O.GOPALAN PILLAI, JAYA MANDIRAM, THEKKUMTHARA POST, KOTTATHARA VILLAGE, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/COMPLAINANT: ------------------------------------------- STATE- S.I. OF POLICE, KALPETTA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2756 of 2009 ------------------------------------ Dated this the 1st day of June, 2009 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 and 2 in Crime No.115/2009 of Kalpetta Police Station. 2. The offence alleged against the petitioners is under sections 498-A, 323, 324 read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioners submitted that accused Nos. 3 and 4 were granted anticipatory bail by the sessions court. The first petitioner is the husband and the second petitioner is the father in law of the defacto complainant. 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 for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like B.A. No.2756/2009 2 amount to the satisfaction of the officer concerned, subject to the following conditions: A) The first petitioner 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 scm