IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 521 of 2009()
1. K.P.ISMAIL, AGED 25 YEARS,
... Petitioner
2. MARIUM, AGED 75 YEARS,
3. SEENATH,
4. ABDULLA, S/O.MAMMU HAJI, PALLIYIL
Vs
1. STATE OF KERALA
... Respondent
2. M.SALMATH, AGED 19 YEARS,
For Petitioner :SRI.V.V.ASOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/08/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.521 of 2009
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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