IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5754 of 2009() ----------------------------- CRIME NO.1579/09 OF KOTTARAKARA POLICE STATION .................... PETITIONERS: ------------------- 1. MADHULAL, AGED 35 YEARS, S/O.G.MADHAVANKUTTY, KAILAS, KIZHAKKEKKARA, KOTTARAKKARA, KOLLAM DISTRICT. 2. LEELA BHAI, AGED 60 YEARS, W/O.G.MADHAVAN KUTTY, KAILAS, KIZHAKKEKKARA, KOTTARAKKARA, KOLLAM DISTRICT. 3. MANJULAL, AGED 34 YEARS, S/O.G.MADHAVAN KUTTY, KAILAS, KIZHAKKEKKARA, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5754 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 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.1579 of 2009 of Kottarakara 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 conditions: BA No.5754 /2009 2 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 csl