IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 10097 of 2011() ------------------------------ CRIME NO.1607/2011 OF THIRUVALLA POLICE STATION PETITIONER(S): ACCUSED --------------------------- JIJI P.BABU, S/O.P.G.BABU, NELLIKUZHI VEEDU, OTHERA EAST P.O.,OTHERA, THIRUVALLA-689546. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): STATE & PUBLIC PROSECUTOR ---------------------------------------- 1. SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT 689 101. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10097 of 2011 --------------------------- Dated this the 13th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1607 of 2011 of Thiruvalla Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 498A, 323, 324, 406 and 506(ii) of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BA 10097/11 2 5. Sri.Subhash Chand, the learned counsel appearing for the petitioner, submitted that in a proceeding initiated by the wife under the Domestic Violence Act, a mediation took place and all the disputes and differences between the parties were settled. The petitioner and his wife are residing together peacefully. 6. The learned Public Prosecutor submitted that she has not received any instructions with respect to this submission. However, the submission made by the learned counsel for the petitioner is recorded. 7. Taking into account the facts and circumstances of the case, the nature of the offences 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 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 satisfaction of the officer concerned, subject to the following BA 10097/11 3 conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required ; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner 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 csl