IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6356 of 2011() ----------------------------- CRIME NO.509/2011 OF PAYYANNUR POLICE STATION KANNUR DISTRICT PETITIONERS: ACCUSED --------------------------- 1. A.V. LATHEESH KUMAR, AGED 28 YEARS, S/O.A.V. CHANDRAMATHI, ATTACHERI VEEDU, KANIYAN, KARIVELLUR.P.O, KANNUR DISTRICT. 2. A.V. CHANDRAMATHI, AGED 60 YEARS, W/O. K.T. NARAYANANKUTTY, ATTACHERI VEEDU KANIYAN, KARIVELLUR.P.O, KANNUR DISTRICT. 3. A.V. NISHA, AGED 31 YEARS, W/O. K. THAMBAN, MALAYIL, AALANTHARA, P.O. VALIYAPPOYIL, KASARAGOD DISTRICT. 4. A.V. RAJESH, AGED 33 YEARS, S/O.A.V. CHANDRAMATHI, ATTACHERI VEEDU, KANIYAN, KARIVELLUR.P.O, KANNUR DISTRICT. 5. SATHEESH.N, AGED 29 YEARS, S/O. LATE P. NARAYANAN, PERUMANA HOUSE, KAITHAPRAM,P.O. MATHAMANGALAM, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6356 of 2011 ---------------------------------------------- Dated this the 17th day of August, 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 5 in Crime No.509 of 2011 of Payyannur Police Station, Kannur District. 2. The offence alleged against the petitioners is under Section 498-A of the Indian Penal Code. 3. The de facto 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. Accused No.1 is the husband of the de facto complainant. Accused Nos.2, 3 and 4 are respectively the mother, sister and brother of accused No.1. Accused No.5 is stated to be a friend of accused No.1. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Bail Appln.No.6356/2011 : 2 : 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 `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) Petitioners 1 and 5 (A1 and A5) shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate 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. Bail Appln.No.6356/2011 : 3 : 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 skj