IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6292 of 2009(F) ----------------------------------------- (CRIME NO.555/09 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT) ......... PETITIONER/ACCUSED: ---------------------------------- 1. JOSE @ JOSAN, AGED 38 YEARS, S/O.JOHNSON RESIDING NEW HARIDAS COLONY, PUTHANAZHIKOM THOPPIL, THEKKUMBHAGOM CHERRY, ERAVIPURAM VILLAGE, KOLLAM. 2. SALI @ SALOMI, RESIDING NEW HARIDAS COLONY, PUTHANAZHIKOM THOPPIL, THEKKUMBHAGOM CHERRY, ERAVIPURAM VILLAGE, KOLLAM. 3. KUNJUMON @ NORBERT, RESIDING NEW HARIDAS COLONY, PUTHANAZHIKOM THOPPIL, THEKKUMBHAGOM CHERRY, ERAVIPURAM VILLAGE, KOLLAM. BY ADV. MR.JOHNSON GOMEZ. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION. 2. ACHAMMA, AGED 25 YEARS, W/O.JOSAN RESIDING THYPARAMBIL HOUSE, THEKKUMBHAGOM CHERRY, ERAVIPURAM VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6292 of 2009 ------------------------------------ Dated this the 3rd day of November, 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 persons in Crime No.555/2009 of Eravipuram Police Station, Kollam District. 2. The offence alleged against the petitioners is under Section 498 A 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. 15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 6292 of 2009 2 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 ln