IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Bail Appl..No. 3508 of 2009 ---------------------------------- CMP.134/2009 of KUMBLA POLICE STATION .................... PETITIONERS/ACCUSED 1,3 & 4 ----------------------------------------------- 1. ABOOBACKER, S/O. LATE ABDUL RAHIMAN, AGED 32 YEARS, RESIDING AT MUTTAM BANGARA HOUSE, MANGALPADY VILLAGE AND POST, KASARGOD TALUK, KASARGOD DISTRICT. 2. NAFEESA, AGED 55 YEARS, W/O. LATE ABDUL RAHIMAN, RESIDING AT MUTTAM BANGARA HOUSE, MANGALPADY VILLAGE AND POST, KASARGOD TALUK, KASARGOD DISTRICT. 3. BEEFATHIMA, AGED 58 YEARS, W/O. MAMMU, RESIDING AT MUTTAM BANGARA HOUSE, MANGALPADY VILLAGE AND POST, KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE ----------------------------------- THE STATION HOUSE OFFICER, KUMBLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ================== B.A. No. 3508 of 2009 ================== Dated this the 2nd day of July, 2009. O R D E R First petitioner is the husband, second petitioner the mother-in-law and third petitioner the sister of the father of first petitioner. This petition is filed under Section 438 of Code of Criminal Procedure, apprehending arrest in Crime No.134/2009 of Kumbla Police Station for offences under Sections 323 and 498A read with Section 34 of Indian Penal Code. 2. Learned Public Prosecutor submitted that though petitioners 2 and 3 were also originally the accused, on the basis of the investigation, their names are deleted from the array of accused and therefore there is no basis for arrest. In view of the submission that names of petitioners 2 and 3 are deleted from the array of accused, there cannot be a reasonable apprehension of arrest. Therefore petitioners 2 and 3 are not entitled to the anticipatory bail sought for. B.A.No.3508/2009 -2- 3. Though petitioners applied for anticipatory bail from Sessions Court, Kasaragod, under Annexure A3 order the learned Sessions Judge dismissed the petition. 4. Learned Counsel appearing for the petitioners submitted that the alleged incident stated in Annexure A1 FIR occurred on 40th day of demise of the father of first petitioner and though an offence under Section 323 of Indian Penal Code is alleged, no injury was caused and first petitioner was working abroad and he returned from Gulf only recently and he did not commit any offence and therefore first petitioner may be granted anticipatory bail. 5. Learned Public Prosecutor submitted that the case is under investigation. 6. Considering the nature and circumstances of the offence, first petitioner is entitled to anticipatory bail. In the event of arrest of first petitioner in Crime No.134/2009 of Kumbla Police Station, he shall be released on bail on executing a bond for Rs.10,000/- with two solvent sureties B.A.No.3508/2009 -3- each to the satisfaction of the investigating officer. First petitioner shall make himself available for interrogation as and when required by the investigating officer and shall appear before the investigating officer between 10.00 and 1.00 PM on every Wednesday for four weeks. He shall not induce or threaten any witness or interfere with the investigation. He shall not leave India without the permission of the Magistrate. This order will prevail for one month. First petitioner to surrender and obtain regular bail from the concerned Magistrate before that date. M.SASIDHARAN NAMBIAR JUDGE dkr