IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7642 of 2009() ----------------------------- CRIME NO.608/2009 OF PAYYANNUR POLICE STATION PETITIONER : ACCUSED 1 TO 3 ------------------------------ 1. SUDHEESH T.M, AGED 28 YEARS S/O.M.OMANA RAMACHANDRAN, MAPPIDICHERI HOUSE KELOTH, P.O.PAYYANNUR, KANNUR DISTRICT. 2. OMANA, W/O.LATE RAMACHANDRAN, MAPPIDICHERI HOUSE KELOTH, P.O.PAYYANNUR, KANNUR DISTRICT. 3. T.M. SUDHA S/O.OMANA RAMACHANDRAN, MAPPIDICHERI HOUSE KELOTH, P.O.PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7642 of 2009 --------------------------------------------- Dated this the 6th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.608 of 2009 of Payyannur Police Station. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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 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: BA No.7642/2009 2 a) The first petitioner/first accused 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 csl