IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4634 of 2009() ----------------------------- CRIME NO.648 OF 2008 OF NALLALAM POLICE STATION, KOZHIKODE APPLICANTS/ACCUSED NOS.1 & 2 ------------------------------------------------ 1. P.P.AYSHABI, W/O.ABOOBACKER (LATE), AGED 47 YEARS, RESIDING AT OTHAYOTH, PUTHALATH HOUSE, MANIPURAM P.O., KODUVALLY, NOW RESIDING AT CHEMBAKASSERI VEETTIL, THENHIPALAM P.O., MALAPPURAM DISTRICT. 2. T.UMMUL BANEENA, D/O.ABOOBACKER (LATE), AGED 20 YEARS, RESIDING AT OTHAYOTH, PUTHALATH HOUSE, MANIPURAM P.O., KODUVALLY, NOW RESIDING AT CHEMBAKASSERI VEETTIL, THENHIPALAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.C.PUSHPODARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, NALLALAM POLICE STATION, CALICUT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4634 OF 2009 ------------------------------------------------------ Dated this the 26th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.648 of 2008 of Nallalam Police Station. 2. The offences alleged against the petitioners are under Sections 304B, 306 and 498A of the Indian Penal Code. 3. The date of occurrence was on 16.12.2008. The petitioners surrendered before Court on 4.8.2009 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. B.A. NO. 4634 OF 2009 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – V, Kozhikode, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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 as above. (K.T.SANKARAN) Judge ahz/