IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8139 of 2011() ----------------------------- CRMP.2598/2011 of DISTRICT COURT, PALAKKAD CRIME NO.196 OF 2011 OF NATTUKAL POLICE STATION .................... PETITIONERS/ACCUSED: -------------------- 1. MOHAMMED SWALIH, AGED 36 YEARS, S/O LATE HAMSA, POOLAMANNA HOUSE, BHEEMANAD P.O, MANNARKAD TALUK, PALAKKAD DISTRICT. 2. NABEESA, AGED 68 YEARS, W/O LATE HAMSA, POOLAMANNA HOUSE, BHEEMANAD P.O, MANNARKAD TALUK, PALAKKAD DISTRICT. 3. SULAIKA, AGED 42 YEARS, D/O LATE HAMSA, POOLAMANNA HOUSE, BHEEMANAD P.O, MANNARKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8139 OF 2011 --------------------------------- Dated this the 24th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are the accused in Crime No.196 of 2011 of Nattukal Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 498A and 323 read with 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and B.A.No. 8139 OF 2011 2 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 1st petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the investigation is over 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 8139 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms