IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Bail Appl..No. 1051 of 2009() ----------------------------- CRIME NO. 50/2009 OF PAZHAYANGADI POLICE STATION PETITIONERS/ACCUSED NO.1 & 3 ----------------------------------------------- 1. SIDDIQUE BAYAN, AGED 31 YRS, S/O.MUSTHAFA,FATHIMA MANZIL, VADIKKAL,P.O.MADAYI, KANNUR DISTRICT. 2. SHARAFUDHEEN ANJILLATH, AGED 38 YRS, S/O.KUNHAMMED,L ANJILLATH HOUSE,P.O.VENGARA, KANNUR DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): STATE -------------------- THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O.PAZHAYANGADI POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1051 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of March, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused 2 and 3 in Crime No.50/2009 of Pazhayangadi Police Station for an offence punishable under Section 420 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the allegations levelled against the petitioners, the relative conduct of the parties, the nature of legal injury sustained by the injured and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them 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 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. BA 1051/09 -2- 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. 5. On the expiry of the aforesaid period, the petitioners shall surrender before the Magistrate concerned and seek regular bail. If the petitioners 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. V. RAMKUMAR, JUDGE. mn.