IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8514 of 2011() ----------------------------- CRIME NO.1169/2011 OF PANANGADU POLICE STATION PETITIONER: ACCUSED: ---------------------------------------- SHIFAS, AGED 28 YEARS S/O.HUSSAIN, RESIDING AT CHELAYIL HOUSE C/O. VELAYUDHAN, MARADU PO, KOCHI 682 306. BY ADV. SRI.P.V.ANILKUMAR RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE PANANGAD POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8514 of 2011 ---------------------------------------------- Dated this the 02nd day of December, 2011 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.1169 of 2011 of Panangadu Police Station. 2. The offence alleged against the petitioner is under Section 498-A read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 22/11/2011, the following order was passed: 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The learned Public Prosecutor submitted that there is allegation that the petitioner manhandled his wife and she was admitted in the Government Hospital, Thripunithura. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction Bail Appln.No.8514/2011 : 2 : to the petitioner to appear before the investigating officer on 27/11/2011 and 28/11/2011. 6. Post on 02/12/2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1169 of 2011 of Panangadu Police Station, till 04/12/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 22/11/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 22/11/2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the Bail Appln.No.8514/2011 : 3 : 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 skj