IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8811 of 2011 CRIME NO.622 OF 2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 5: --------------------------------------- 1. MAHINKUTTY, AGED 28 YEARS, S/O.ABDUL KARIM, KINATTINGALKUDY HOUSE, KARAKKUNNAM KARA, MULAVOOR VILLAGE. 2. ABDUL KARIM, AGED 55 YEARS, KINATTINGALKUDY HOUSE, KARAKKUNNAM KARA, MULAVOOR VILLAGE. 3. SHEREEFA, AGED 50 YEARS, W/O.ABDUL KARIM, KINATTINGALKUDY HOUSE, KARAKKUNNAM KARA, MULAVOOR VILLAGE. 4. MUJEEB, AGED 25 YEARS, S/O.ABDUL KARIM, KINATTINGALKUDY HOUSE, KARAKKUNNAM KARA, MULAVOOR VILLAGE. 5. AMINA UMMER, AGED 20 YEARS, D/O.ABDUL KARIM, KINATTINGALKUDY HOUSE, KARAKKUNNAM KARA, MULAVOOR VILLAGE. BY ADV. SRI.L.RAJESH NARAYAN IYER RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8811 OF 2011 ------------------------------------------------------ Dated this the 4th day of November, 2011 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 5 in Crime No.622 of 2011 of Kothamangalam Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 498A and 406 of the Indian Penal Code. 3. The first accused is the husband of the de facto complainant. The other accused are the parents, brother and sister of accused No.1. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of BAIL APPL. NO.8811 OF 2011 :: 2 :: 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 Rupees Ten thousand each with two solvent sureties for the like 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 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/