IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Bail Appl..No. 2127 of 2009() ----------------------------- CRIME NO.72/09 OF CHITTAR POLICE STATION CRMP.462/2009 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER/2ND ACCUSED ------------------------------------------ ANIE SABY, AGED 42 YEARS,W/O.VARGHESE, RESIDING AT KUNNATHETHU HOUSE, SEETHATHODEU.P.O., SEETHATHODU MURI, CHITTAR VILLAGE, PATHANATHITTA DISTRICT. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHITTAR POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 2127 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of April, 2009. ORDER This is a petition filed under Section 438 of Criminal Procedure Code. 2. Petitioner is the second accused in Crime No. 72/2009 of Chittar Police Station alleged of having committed offences under Sections 447, 427, 324, 308 r/w Section 34 IPC. He apprehends arrest. 3. On going through the records it is felt that the complaint of the petitioner that Section 308 IPC have been incorporated later, only with the object to deny bail to the petitioner, has some substance. Considering the above circumstances, relief is granted to the petitioner. The application is allowed as follows: 1) Petitioner shall surrender before the JFMC court concerned within two weeks from today and move application for regular bail, which the learned Magistrate may dispose of in accordance with law. 2) If, in the meanwhile, petitioner is sought to be arrested, he shall be released on bail on his B.A. No. 2127/09 -:2:- executing a bond for a sum of Rs.5,000/-(Rupees five thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer. 3) Petitioner shall make themselves available for interrogation as and when required by the investigating officer. 4) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE ttb.