IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1633 of 2010() ----------------------------- CRIME NO.173/2010 OF MAVELIKKARA POLICE STATION PETITIONERS : ACCUSED 2, 3 & 4 ---------------------------------------- 1. SALIAH KUNJU, S/O.MYTHEEN KUNJU, AGED 60, NISHAD MANZIL, NJAKKAL MURI, KRISHNAPURAM VILLAGE, KARTHIKAPPALLY TALUK. 2. KHADEYA SALI, W/O.SALIAH KUNJU, AGED 52 YEARS, -DO-, -DO-. 3. NISHA, D/O.SALIAH KUNJU, AGED 23 YEARS, -DO-. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): POLICE OFFICIALS & APPREHENDED COMPLAINANT: ---------------------------------------------------------- 1. STATION HOUSE OFFICER, POLICE STATION, KAYAMKULAM. 2. STATION HOUSE OFFICER, POLICE STATION, MAVELIKKARA. 3. SHEMI IBRAHIM, D/O.IBRAHIM KUTTY, AGED 28 YEARS, SHIAYAD MANZIL, KOTTARAKKARA MURI, MAVELIKKARA VILLAGE, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1633 of 2010 --------------------------------------------- Dated this the 8th day of April, 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.2, 3 and 4 in Crime No.173 of 2010 of Mavelikkara Police Station. 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. 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 officer concerned, subject to the following BA No.1633/2010 2 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