IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6002 of 2009 CRIME NO.641 OF 2009 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONERS - ACCUSED ----------------------------------------- 1. MUNEER.C., S/O.ABDUL RAHIMAN, AGED 30 YEARS, AVIYIL HOUSE, AVIYIL, KANHANGAD P.O., KASARAGOD. 2. SAMEER, W/O.AYOOB.C., AVIYIL HOUSE, AVIYIL, KANHANGAD P.O., KASARAGOD DISTRICT. 3. NAZER C., AGED 34 YEARS, S/O.ABDUL RAHIMAN, AVIYIL HOUSE, AVIYIL, KANHANGAD P.O., KASARAGOD. 4. ZEENATH, W/O.NAZER.C., AVIYIL HOUSE, AVIYIL, KANHANGAD P.O., KASARAGOD DISTRICT. 5. NABEESA .C, AGED 55 YEARS, W/O.ABDUL RAHIMAN, AVIYIL HOUSE, AVIYIL, KANHANGAD P.O., KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6002 OF 2009 ------------------------------------------------------ Dated this the 26th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are the accused in Crime No.641 of 2009 of Hosdurg Police Station, Kasaragod District. 2. The offence alleged against the petitioners is under Section 498A 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 B.A. NO. 6002 OF 2009 :: 2 :: 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 ahz/