IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 5896 of 2009 CRIME NO.695 OF 2009 OF VATAKARA POLICE STATION PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. KUNJABDULLA, S/O.IBRAHIM HAJI, AGED 55 YEARS, VALIYAPARAMBIL, AROOR, KALLUMPURAM. 2. AYISHA, W/O.KUNJABDULLA, VALIYAPARAMBIL, AROOR, KALLUMPURAM. 3. NAJMA, W/O.NAZAR, AGED 26 YEARS, PUTHIYOTTIL, VALLAD AMSOM DESOM. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT: COMPLAINANT -------------------------- STATE REPRESENTED BY S.I. OF POLICE, VATAKARA POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5896 OF 2009 ------------------------------------------------------ Dated this the 20th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused No.1 to 3 in Crime No.695 of 2009 of Vatakara Police Station. 2. The offence alleged against the petitioners is under Section 313 read with Section 34 of the Indian Penal Code. 3. The de facto complainant is the daughter of accused Nos.1 and 2 and the sister of accused No.3. 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 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 B.A. NO. 5896 OF 2009 :: 2 :: officer in charge of the police station shall release them on bail on their executing bond for Rs.10,000/- 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/