IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 505 of 2010 CRIME NO.1703 OF 2009 OF KALAMASSERY POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 4: ------------------------------- 1. SHAMEER K.A., AGED 35 YEARS, S/O. ABU K.M., KAIPPALLIPARAMBIL HOUSE, SWAMIPADI ROAD, ELAMAKKARA, KOCHI-26, ERNAKULAM DISTRICT. 2. ABU K.M., AGED 65 YEARS, S/O. MOIDEEN, KAIPPALLIPARAMBIL HOUSE, SWAMIPADI ROAD, -DO- -DO- 3. BEEVI, AGED 60 YEARS, W/O. ABU K.M., KAIPPALLIPARAMBIL HOUSE, SWAMIPADI ROAD, -DO- -DO- 4. SHYLAJA, AGED 28 YEARS, D/O. ABU K.M., -DO- -DO- BY ADV. SRI.B.RAJEEV KOYICKAL RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY P.O., ALUVA, ERNAKULAM DISTRICT. 3. RINISHA, AGED 24 YEARS, D/O.SHEIKH PAREED, THOPPILPARAMBIL HOUSE, VEDIMARA, MANNAM P.O. ( CHOONDIPALAKA) NORTH PARAVOOR, ERNAKULAM DISTRICT PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 505 OF 2010 ------------------------------------------------------ Dated this the 18th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No.1703 of 2009 of Kalamassery Police Station. 2. The offences alleged against the petitioners are under Sections 403, 406, 417 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 3 are the parents of the first petitioner. The fourth petitioner is the sister of the first petitioner. A complaint was filed by the wife of the first petitioner before the Court of the Judicial Magistrate of the First Class, Aluva, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The learned counsel for the petitioners pointed out that W.P.(C) No.28443 of 2009 was filed by petitioners 2 and 1 B.A. NO. 505 OF 2010 :: 2 :: respectively for police protection. Respondents 3 to 5 in that Writ Petition were the wife of the first petitioner herein and her parents. In the Writ Petition, the matter was sent for mediation and Annexure II terms of settlement were recorded. It is also pointed out by the learned counsel for the petitioners that O.P.No.1756 of 2009 filed by the wife of the first petitioner for return of a sum of Rs.2,50,000/- and the gold ornaments is pending before the Family Court, Ernakulam. M.C.No.318 of 2009 filed by the wife of the first petitioner claiming maintenance is also pending before the Family Court, Ernakulam. 5. Taking into account the facts and circumstances of the case, the pendency of various cases before the Family Court and the attendant circumstances, I am of the view that anticipatory bail can be granted to the petitioners. 6. 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. 505 OF 2010 :: 3 :: a) The first petitioner 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 ahz/