IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4382 of 2009() - ------------------------------------ CRIME NO. 444/2009 OF ANTHIKKAD POLICE STATION, THRISSUR DISTRICT .................... PETITIONERS/ACCUSED: ------------------------------------- 1. UNNIKRISHNAN, AGED 41 YEARS, KOOTTUMAKKAL HOUSE, KIZHAKKUMMURY VILLAGE, PERINGOTTUKARA DESOM, THRISSUR. 2. MURALI, AGED 31 YEARS, S/O.VASU, KOOTTUMAKKAL HOUSE, KIZHAKKUMMURY VILLAGE, PERINGOTTUKARA DEOSM, THRISSUR. 3. KANAKAM @ KANAKA, AGED 45 YEARS, KOOTTUMAKKAL HOUSE, KIZHAKKUMMURY VILLAGE, PERINGOTTUKARA DEOSM, THRISSUR. BY ADV. SRI.V.V.ASOKAN & SRI.MAHESH V.MENON RESPONDENTS: DEFACTO COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA (SHO, ANTHIKKAD POLICE STATION, THRISSUR) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJINI, AGED 34 YEARS, D/O. M.A.SADANANDAN, KANIMANGALAM, MELEVEETTIL HOUSE, P.O. PUZHAJKKAL, PUZHAKKAL VILLAGE, THRISSUR. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4382 of 2009 ------------------------------------ Dated this the 10th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 4 in Crime No.444/2009 of Anthikkad Police Station, Thrissur. 2. The offence alleged against the petitioners is under Section 498 A of the Indian Penal Code.. 3. The first accused is the husband of the defacto complainant. Accused Nos.2 to 4 are the brothers and sister of the first accused. The defacto complainant filed a complaint before the court of Judicial Magistrate of the First Class -II, Thrissur, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. I have perused the Case Diary. 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. B.A. No.4382/2009 Page numbers 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.25,000/- 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 scm