IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4293 of 2009 CRIME NO.218 OF 2009 OF MANJASHWAR POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. P.M.ZAYEED HABEEB TANGAL, AGED 28 YEARS S/O. P.A MUTHUKOYA THANGAL, SADATH MANZIL, PADINIL, ERUMADU, KODAKU.D.T. D.K. 2. NASEEMA, AGED 60 YEARS, W/O. P.A.MUTHUKOYA THANGAL SADATH MANZIL PADINI ERUMADU KODAKU.D.T. D.K. 3. P.A.MUTHUKOYA THANKAL, S/O. LATE ZAYEED ABDULLA KOYA, SADATH MANZIL PADINI, ERUMADU, KODAKU.D.T. D.K. 4. SULAKHS AGED 33 YEARS, W/O.ZAYEED AHAMMED THANGAL SADATH MANZIL PADINI, ERUMADU KODAKU.D.T., D.K. 5. ZAYEED AHAMMED THANGAL S/O. ZAYEED BADESHA THANGAL SADIQ MANZIL SHAIKE AHAMADEEYA ROAD, HEDAYATH NAGAR, UPPALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, MANJESHWAR POLICE STATION REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4293 OF 2009 ------------------------------------------------------ Dated this the 7th August, 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 the accused persons in Crime No.218 of 2009 of Manjashwar Police Station. 2. The offence alleged against the petitioners is under Section 498A of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Court of the Chief Judicial Magistrate, Kasaragod. That complaint was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. I have perused the case diary. The first petitioner is the husband of the de facto complainant. Petitioners 2 and 3 are his parents. The fourth petitioner is the sister of the first petitioner. The fifth petitioner is the brother-in-law of the first petitioner. B.A. NO. 4293 OF 2009 :: 2 :: 5. 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: 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/