IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5615 of 2009() ----------------------------- CRIME NO.247/2009 OF KUMBALA POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. ABBAS, AGED 36 YEARS, S/O. VENDAKKAL ANDUNHI, BADARIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE KUMABALA.P.O., KASARAGOD. 2. VENDAKKAI ANDUNHI, AGED 74 YEARS BADARIYA NAGAR, BATRUMBADI HOUSE KOIPADY VILLAGE KUMABALA.P.O., KASARAGOD. 3. MUHAMMED, AGE 38 YEARS, BADARIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, KUMBALA.P.O., KASARAGOD. 4. AUKU @ ABUBACKER, AGED 30 YEARS BADARIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE KUMBALA.P.O., KASARAGOD. 5. PATHUMMA @ BEEFATHIMA, AGED 28 YEARS W/O. ABDUL RAHIMAN, MULIADUKAM, KODIMMA.P.O. KUMBALA, KASARAGOD. 6. SUHARA, AGED 22 YEARS, BADARIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE KUMBALA.P.O., KASARAGOD. 7. JAMEELA, AGED 20 YEARS, BADARIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, KUMBALA.P.O., KASARAGOD. 8. KUBARA, AGED 19 YEARS, BADARIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, KUMABALA.P.O., KASARAGOD. 9. SUBAIDA, AGD 26 YEARS W/O. LATE KUNHALI, MULIADUKAM, KODIMMA.P.O. KUMABALA, KASARAGOD. BY ADV. SRI.M.SASINDRAN BA 5615/2009 RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER KUMBALA POLICE STATION (CRIME NO.247 OF 2009) KUMBALA KASARAGOD. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5615 of 2009 --------------------------------------------- Dated this the 7th 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.247 of 2009 of Kumbala 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.5615/2009 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