IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Bail Appl..No. 437 of 2010(S) CRIME NO.1 OF 2010 OF CHEVAYOOR POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED --------------------------------------- 1. SAIDALAVI KOYA, AGED 43 YEARS, S/O. KUNJHAYIN, KUNDUPURATHIL HOUSE, CHELAVOOR AMSOM DESOM, P.O.CHELAVOOR, KOZHIKODE. 2. JALEEL, AGED 36 YEARS, S/O. KUNJHAYIN, KUNDUPURATHIL HOUSE, CHELAVOOR AMSOM DESOM, P.O.CHELAVOOR, KOZHIKODE. 3. KUNJAYIN, AGED 81 YEARS, S/O. CHEKUTTY, KUNDUPURATHIL HOUSE, CHELAVOOR AMSOM DESOM, P.O.CHELAVOOR, KOZHIKODE. 4. ASIYA, AGED 28 YEARS, W/O. JALEEL, KUNDUPURATHIL HOUSE, CHELAVOOR AMSOM DESOM, P.O.CHELAVOOR, KOZHIKODE. 5. SAINABA, AGED 65 YEARS, W/O. KUNJAYIN, KUNDUPURATHIL HOUSE, CHELAVOOR AMSOM DESOM, P.O.CHELAVOOR, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, CHEVAYOOR, KOZHIKODE.) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 437 OF 2010 ------------------------------------------------------ Dated this the 3rd day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are respectively accused Nos.1, 4, 2, 5 and 3 in Crime No.1 of 2010 of Chevayoor Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 323, 498A, 406 and 494 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. The first accused is the husband of the de facto complainant. Accused Nos.2 and 3 are the parents of accused No.1. Accused No.4 is the brother of accused No.1 and accused No.5 is the wife of accused No.4. 5. Taking into account the facts and circumstances of the B.A. NO. 437 OF 2010 :: 2 :: case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. 6. 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: a) Petitioners 1 and 2 (accused Nos.1 and 4) shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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) 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/