IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 Bail Appl..No. 474 of 2009() AGAINST THE ORDER DATED 20/01/2009 IN CRMP. 94 /2009 IN CRMP.67/2009 of DISTRICT COURT, KASARAGOD CRIME NO.18/2009 OF THE KASARAGOD POLICE STATION .................... PETITIONERS/ ACCUSED NOS. 1 TO 5 ---------------------------------------------------------------- 1. NASAR,S/O.B.MUHAMMED, NOORUDHIN MANZIL, CHENNANTHALA, P.O.ALAMPADY,CHENGALA VILLAGE, KASARAGOD DISTRICT. 2. NABEESA, W/O.B.MUHAMMED,NOORUDHIN MANZIL CHENNANTHALA,P.O.ALAMPADY, CHENGALA VILLAGE, KASARAGOD DISTRICT. 3. RAMSHAD, S/O.MUHAMMED,NOORUDHIN HOUSE, PADY ROAD, P.O.ALAMPADY,CHERKALA, KASARAGOD DISTRICT. 4. NOORUDEEN, S/O.MUHAMMED,NOORUDHIN HOUSE, PADY ROAD, P.O.ALAMPADY,CHERKALA,KASARAGOD DIST. 5. MUNEER, S/O.MUHAMMED, NOORUDHIN HOUSE, PADY ROAD,P.O.ALAMPADY, CHERKALA,KASARAGOD DIST. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ======================= Bail Application No.474 of 2009 ======================= Dated this the 3 rd day of March, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused in Crime No.18 of 2009 of Kasargod Police Station for an offence punishable under Sections 498A and 323 read with 34 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. The learned Public Prosecutor submitted that the petitioner Nos. 3 to 5 have been deleted from the array of the accused. Petitioners 1 and 2 who are accused Nos. 1 and 2 alone are the accused in the case. Having regard to the allegations levelled against the petitioners 1 and 2, the relative conduct of the parties, the nature of injuries sustained by the injured and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners 1 and 2. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners 1 and 2 on bail for a period of one month in the event of their arrest in connection with the B. A.No.474/09 -:2:- above case on their executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: 1. The petitioners 1 and 2 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners 1 and 2 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioners 1 and 2 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners 1 and 2 shall not commit any offence while on bail. 5. On the expiry of the aforesaid period, the petitioners 1 and 2 shall surrender before the Magistrate concerned and seek regular bail. If the petitioners 1 and 2 commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 3rd day of March, 2009. V.RAMKUMAR, JUDGE. B. A.No.474/09 -:3:- sj