IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6295 of 2009() ----------------------------- CRIME NO.714/2009 OF KASARAGOD POLICE STATION, KASARAGOD PETITIONER/ACCUSED: --------------------------------------- 1. LATHEEF AHAMMED HAJI, AGED 38 YEARS, S/O.MOHAMMED KUNHI, ZEENATH MANZIL, NEW ROAD, KHAZILINE, TAHALANGARA VILLAGE AND POST, KASARAGOD DISTRICT. 2. SAKEENA KALLATTRA, AGED 60 YEARS, W/O.MOHAMMAD KUNHI, ZEENATH MANZIL, NEW ROAD, KHAZILINE, TAHALANGARA VILLAGE AND POST, KASARAGOD DISTRICT. 3. ZUBAIDA, AGED 28 YEARS, W/O.LATHEEF AHAMMED HAJI, KHAZILINE,TAHALANGARA VILLAGE AND POST, KASARAGOD DISTRICT. 4. RASEENA MAHIN, AGED 33 YEARS, W/O.MAHIN YOUSUF, ANABAGILU, KASARAGOD KASABA VILLAGE AND POST, KASARAGOD. 5. MUMTHAZ NASAR, AGED 32 YEARS W/O.ABDULNASAR A.M., MUMTHA MAHAL, CHAMNAD VILLAGE AND POST, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REP.BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP.BY THE PUBLIC PROSECTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6295 of 2009 --------------------------------------------- Dated this the 3rd day of November, 2009 ORDER Apprehending arrest on an accusation of having committed non bailable offence in Crime No.714 of 2009 of Kasaragod Police Station, the petitioners have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. It is stated by the learned counsel for the petitioners that the defacto complainant filed a complaint before the Judicial Magistrate of the First Class-Kasaragod which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered for the offences under Sections 323, 341, 427, 498A and 506(ii) read with Section 149 IPC. 3. The learned Public Prosecutor submitted that on investigation, it was found that accused Nos.3 to 5 have not committed any offence and their names were deleted from the array of accused. It is also submitted by the learned Public Prosecutor that the offences alleged against the petitioners are under Sections 323, 324, 427 and 498A read with Section 34 of the Indian Penal Code. BA No.6295/2009 2 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offence 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 Rs.15,000/- 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 on bail; d) 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 csl