IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4514 of 2009() ------------------------------------- CRIME NO.541/2009 OF KASARAGOD POLICE STATION. PETITIONER/ACCUSED: -------------------------------------- 1. MOHAMMED RAFI AGED 27 YEARS, S/O.MOIDU, KOLAMBAKA, CHEMMNAD POST, KASARAGOD D.T. 2. MOIDU AGED 48 YEARS,KOLAMBAKA, CHEMMNAD POST, KASARAGOD DISTRICT. 3. RUKHIYA AGED 40 YEARS, W/O.MOIDU, KOLAMBAKA, CHEMMNAD POST,KASARAGOD DISTRICT. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/ COMPLINANT: -------------------------------------------- STATE OF KERALA REP.BY INSPECTOR OF POLICE KASARAGOD POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4514 of 2009 ------------------------------------ Dated this the 14th 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 3 in Crime No.541/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 323 and 498 A read with Section 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Court of Judicial Magistrate of the First Class, Kasaragod, which was forwarded to the police for investigation. Accordingly, the crime was registered. 4. I have perused the Case Diary. 5. 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 B.A. No.4514 /2009 Page numbers two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) Petitioner Nos. 1 and 2 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. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm