IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 8036 of 2008() ------------------------------------------ (CRIME NO.1873/2008 OF NORTH PARUR POLICE STATION) APPLICANTS/ACCUSED NOS.1,6,9,7 & 8: ------------------------------------------------------------------- 1. NAZIR, S/O.KHADER, RAYAMARAKKAR VEETIL, P.O. PERINJANAM, THRISSUR DISTRICT. 2. MRS. RAMLA MAJEED, KORATHIPARAMBIL HOUSE, P.O.NATTIKA, THRISSUR. 3. MRS.SOUDABI ASHRAF, VALIYAKATHU HOUSE, VADNAPPILLI P.O., THRISSUR 4. GANGADHARAN, AGED 90 YEARS, PALLIKADAVATHU HOUSE, ENGANDIYOOR P.O., THRISSUR. 5. RAHMATH ALI, VAZHAPPILLIPARAMBIL HOUSE, CHAZHUR P.O., THRISSUR DISTRICT. BY ADV. MR.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE, NORTH PARUR POLICE STATION. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 8036 of 2008 ------------------------------------ Dated this the 26th day of 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 accused Nos.1, 6, 9, 7 and 8 respectively in Crime No.1873 of 2008 of North Parur Police Station. 2. The offences alleged against the petitioners are under sections 420, 463 and 468 read with section 34 of the Indian Penal Code. 3. When the matter came up for hearing on 20-1-2009, the following order was passed:- “On hearing both sides, it appears that there is a dispute which is to be settled at the Lok Adalath which appears to be the basis for this prosecution. Hence, the case is referred to the Lok Adalath for settlement of such dispute. Both sides agree that it can be referred. First petitioner and de facto complainant are directed to appear before the Lok Adalath at High Court on 28-1-2009. Learned Public Prosecutor undertakes that he will give instructions to the de facto complainant to appear before the Lok Adalath on that day. He also undertakes that BA 8036/08 2 petitioners will not be arrested till the disposal of the application. This undertaking is recorded.” 4. Now the matter is settled between the parties before the Lok Adalath. It is submitted that the entire amount payable to the de facto complainant has been paid. In view of the settlement, I am of the view that anticipatory bail can be granted to the petitioners. 5. 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) 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. BA 8036/08 3 The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE mn