IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 521 of 2009() --------------------------------------- CRIME NO.31/2009 OF EDACHERRY POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED 1 TO 4: ---------------------------------------------- 1. K.P.ISMAIL, AGED 25 YEARS, S/O.ABDULLA, KIZHAKKE PUTHENPURAYIL HOUSE, P.O.KARTHIKAPPALLY, BADAGARA, KOZHIKODE. 2. MARIUM, AGED 75 YEARS, W/O.ABDULLA, KIZHAKKE PUTHENPURAYIL HOUSE, P.O.KARTHIKAPPALLY, BADAGARA, KOZHIKODE. 3. SEENATH, D/O.ABDULLA, KIZHAKKE PUTHENPURAYIL HOUSE, P.O.KARTHIKAPPALLY, BADAGARA, KOZHIKODE. 4. ABDULLA, S/O.MAMMU HAJI, PALLIYIL HOUSE, P.O.KUNNHALIYODU, BADAGARA, KOZHIKODE. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENTS/ DEFACTO COMPLAINANT: ------------------------------------------------------ 1. STATE OF KERALA (S.H.O. EDACHERRY POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.SALMATH, AGED 19 YEARS, D/O.MOIDU, P.O.HEN MARY PARAMBU, VILLIAPALLY, BADAGARA. SMT.P.A.REZIYA FOR R2 SRI. V.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.521 of 2009 ------------------------------------ Dated this the 17th day of August, 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.1 to 4 in Crime No.31/2009 of Edacherry Police Station, Kozhikode. 2. The offences alleged against the petitioners are under Sections 323, 406, 498A and 506(i) read with Section 34 of the of the Indian Penal Code. 3. When the Bail Application came up for hearing in February, 2009, the matter was referred to Lok Adalath for exploring the possibilities of a settlement. It is submitted by the learned counsel for the petitioner that though the parties appeared before the Lok Adalath, the matter could not be settled. 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. B.A. No.521/ 2009 Page numbers 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 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 scm