IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3491 of 2009 CRIME NO.350 OF 2009 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED NOS.1 TO 4: --------------------------------------- 1. MUHAMMED SHAREEF, AGED 30 YEARS, S/O.MOIDU, PULIKKOOR HOUSE, OLAYATHADKA P.O., MADHUR, KASARAGOD. 2. BEEFATHIMA, AGED 48 YEARS, W/O.MOIDU, PLULIKKOOR HOUSE, OLAYATHADKA P.O., MADHUR, KASARAGOD. 3. SHAMEEMA, AGED 25 YEARS, D/O.MOIDU, PULIKKOOR HOUSE, OLAYATHDKA P.O., MADHUR, KASARAGOD. 4. MUHAMMED SALIM, AGED 25 YEARS, S/O.MOIDU, PULIKKOOR HOUSE, OLAYATHDKA P.O., MADHUR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA REP.BY INSPECTOR OF POLICE KASARAGOD POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3491 OF 2009 ------------------------------------------------------ Dated this the 3rd July, 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 to 4 in Crime No.350 of 2009 of Kasaragod Police Station. The third petitioner was subsequently arrested and she was released on bail. Therefore, the petitioners confine their relief in this Bail Application to petitioners 1, 2 and 4. 2. The offences alleged against the petitioners are under Sections 406 and 498A read with Section 34 of the Indian Penal Code. 3. The first petitioner is the husband of the de facto complainant. Petitioners 2 and 4 are respectively the mother-in-law and brother-in-law of the de facto complainant. 4. I have gone through the case diary. 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 B.A. NO. 3491 OF 2009 :: 2 :: anticipatory bail can be granted to petitioners 1, 2 and 4. There will be a direction that in the event of the arrest of petitioners 1, 2 and 4, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1, 2 and 4 shall appear before the investigating officer for interrogation as and when required; b) Petitioners 1, 2 and 4 shall not try to influence the prosecution witnesses or tamper with the evidence; c) Petitioners 1, 2 and 4 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/