IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 644 of 2010() -------------------------------------- CRIME NO.48/2010 OF ERUMELY POLICE STATION, KOTTAYAM. PETITIONERS/ACCUSED 1 TO 3: ---------------------------------------------- 1. FAIZAL, S/O.C.H.ABDULKARIM, CHUDUKATTIL HOUSE, IRUMBNOONNIKARA P.O, ERUMELY SOUTH, KOTTAYAM DISTRICT. 2. LAILA, W/O. C.H.ABDULKARIM, CHUDUKATTIL HOUSE, IRUMBOONNIKARA P.O, ERUMELY SOUTH, KOTTAYAM DISTRICT. 3. FAZEELA, W/O. NOORUDEEN, VAZHAKKALA PADINJAREKUTTU,THAZHATHANGADI, KUMMANAM, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERUMELY POLICE STATION, KOTTAYAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 644 of 2010 ------------------------------------ Dated this the 24th day of March, 2010 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.1 to 3 in Crime No.48/2010 of Erumely Police Station, Kottayam. 2. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The first accused is the husband of the de facto complainant. Accused Nos.2 and 3 are the mother-in-law and sister-in-law of the de facto complainant. 4. 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 B.A. No. 644/ 2010 2 officer concerned, subject to the following conditions: A) The first petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on 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; 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 scm