IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 6769 of 2011() -------------------------- CRIME NO. 1233/2011 OF KADAVANTHRA POLICE STATION, ERNAKULAM DIST. ............ PETITIONERS / ACCUSED NO.S 1 & 2 : ------------------------------------------------------ 1. RIYAS, S/O. LATE A. RAHUMAN, THACHODY HOUSE, FLAT NO.C, SOUTH BLOCK, CHILAVENOOR ROAD, ERNAKULAM DIST. 2. ZEENATH, W/O. LATE A. RAHUMAN THACHODY HOUSE, FLAT NO.C, SOUTH BLOCK, CHILAVENOOR ROAD, ERNAKULAM DIST. BY ADV. SRI.P.A.MUJEEB RESPONDENT / COMPLAINANT : ----------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6769 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 ORDER 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.1233 of 2011 of Kadavanthra Police Station. 2. The offences alleged against the petitioners are under Sections 108, 321, 415, 416 and 498-A read with Section 34 of the Indian Penal Code. 3) The first petitioner is the husband of the de facto complainant. The second petitioner is the mother of the first accused. 4) When the Bail Application came up for hearing on 21/10/2011, the matter was posted before the Mediation Centre for exploring the possibility of a settlement. However, the de facto complainant did not appear before the Mediation Centre. Accordingly, the matter was sent back to the Court. 5) Heard the learned counsel for the petitioners and the learned Public Prosecutor. Bail Appln.No.6769/2011 : 2 : 4. Taking into account the facts and circumstances of the case, the nature of the offences 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 `10,000/- (Rupees Ten thousand only) 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. Bail Appln.No.6769/2011 : 3 : 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 skj