IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 5117 of 2009() ------------------------------------ CRIME NO. 171/2009 OF MAVOOR POLICE STATION ........................ PETITIONER/ACCUSED: --------------------------------- 1. KALLIDUMBIL ABDULLA, S/O. ABU KALLIDUMBIL AGED 42 YEARS, MAVOOR AMSOM DESOM, KOZHIKODE TALUK 2. M.M.HAMEED, S/O. MUHAMMED AGED 35 YEARS MOONAM MADATHIL MAVOOR AMSOM, KALPALLY DESOM, KOZHIKODE TALUK. BY ADV. SRI. K . M . FIROZ RESPONDENT/STATE: ------------------------------- THE SUB INSPECTOR OF POLICE MAVOOR POLICE STATION, KOZHIKODE, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5117 of 2009 ------------------------------------ Dated this the 14th day of September, 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 and 3 in Crime No.171/2009 of Mavoor Police Station. 2. The offences alleged against the petitioners are under Sections 454 and 380 read with Section 34 of the Indian Penal Code. 3. The first accused is the husband of the defacto complainant. Accused No. 2 is the person who entered into an agreement for sale with the first accused. Third accused is the helper of the second accused and a witness to the agreement. It would appear that the first accused and his wife, the defacto complainant, are on logger heads and there are litigations between them. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the Case Diary. B.A. No. 5117 of 2009 2 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. 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 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. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No. 5117 of 2009 3 The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln