IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1858 of 2010 CRIME NO.132 OF 2010 OF EDAKKAD POLICE STATION, KANNUR. PETITIONERS/ACCUSED NOS.1 & 4: ---------------------------------------- 1. UMMER.K., S/O.ALI, AGED 46 YEARS, KANNANKEEL HOUSE, KAYYAM, ARIYIL P.O., PATTUVAM AMSOM, KANNUR DISTRICT. 2. FATHIMA SAMAD, W/O.ABDUL SAMAD, AGED 24 YEARS, MULLOLI HOUSE, CHERUKUNNAU P.O., KANNAPURAM KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT: COMPLAINANT: ------------------------ STATE THROUGH S.H.O. EDAKKAD POLICE STATION, KANNUR DISTRICT REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1858 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 2010 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 and 4 in Crime No.132 of 2010 of Edakkad Police Station. 2. The offences alleged against the petitioners are under Sections 323 and 498A of the Indian Penal Code. 3. The learned Public Prosecutor submitted that the second petitioner, who was shown as accused No.4 in the crime, was deleted from the array of accused. The first petitioner is the sole accused in the case as of now. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the B.A. NO. 1858 OF 2010 :: 2 :: view that anticipatory bail can be granted to the first petitioner (sole accused). 6. There will be a direction that in the event of the arrest of the first petitioner (accused), the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner (accused) 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 first petitioner (accused) shall appear before the investigating officer for interrogation as and when required; c) The first petitioner (accused) shall not try to influence the prosecution witnesses or tamper with the evidence; d) The first petitioner (accused) 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 closed in so far as the second petitioner (accused No.4) is concerned as he is not an accused in B.A. NO. 1858 OF 2010 :: 3 :: the case and it is allowed in the manner indicated above in so far as it relates to the first petitioner (accused). (K.T.SANKARAN) Judge ahz/