IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3682 of 2009() ----------------------------- CRIME NO.372/2009 OF POTHANIKKAD POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- REJI THOMAS,AGED 41 YEARS,S/O.THOMAS, KALLATHU HOUSE,CHATHAMATTOM P.O., VALLAKADAVU,KOTHAMANGALAM TALUK. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA-STATION HOUSE OFFICER, POTHANIKKAD POLICE STATION,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3682 of 2009 ------------------------------- Dated this the 8th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.372 of 2009 of Pothanikkad Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. I have perused the case diary. 4. The petitioner and his parents who are the accused Nos.1 to 3 in the case moved an application for anticipatory bail before the learned Sessions Judge. As per Annexure B order dated 27th June 2009, anticipatory bail was granted to the accused Nos.2 and 3 and the prayer for anticipatory bail made by the petitioner was rejected. 5. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties BA No. 3682/2009 2 for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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