IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10449 of 2011() ------------------------------ CMP.7452/2011 of J.M.F.C.-II,HOSDRUG CRIME NO.776 OF 2011 OF MANJESHWARAM POLICE STATION PETITIONERS ------------------------------ 1. SHAMEEM @ SHAMEEM MOIDEENFAREED, AGED 52 YEARS,W/O.MOIDEEN FAREED, PATTATHANAM HOUSE,BEKEL P.O, KASARAGOD DISTRICT 2. SUMMAYYA @ ANIKHA,AGED 33 YEARS, W/O.MUHAMMED RAFEEQUE, DAVOOD MOHALLA, P.O KEEKAN,PALIKKARA,KASARAGOD DISTRICT 3. RAFEEQUE @ MUHAMMED RAFFEQUE, AGED 41 YEARS, S/O.SHAIK HUSSAIN,DAVOOD MOHALLA,KEEKAN VILLAGE, P.O.KEEKAN,KASARAGODE DISTRICT 4. PRAVEEN,AGED 28 YEARS, W/O.MOHAMMED HARIS, RIYANA MANZIL,PAPPINISSERY, KANNUR DISTRICT BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, MANJESHWARAM POLICE STATION, KASARAGODE DISTRICT 3. SHAYISTHABANU, D/O.ABDUL AZEEZ,FIRDOUSE NAGAR, P.O.UPPALA,KASARAGOD,PIN 671 322 BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10449 OF 2011 --------------------------------- Dated this the 23rd day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 4 in Crime No.776 of 2011 of Manjeshwaram Police Station. 2. The offence alleged against the petitioners is under Section 498-A of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure and accordingly, the crime was registered. 4. The first petitioner is the mother-in-law and petitioners 2 and 4 are the sisters-in-law of the defacto B.A.No. 10449 OF 2011 2 complainant. Accused No.3 is the husband of accused No.2. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.. 6. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 `10,000/-(Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: 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 B.A.No. 10449 OF 2011 3 on bail. D) The petitioners shall cooperate with the investigating officer in the matter of investigation. 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. cms