IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3501 of 2009() ----------------------------- CRMP.1707/2009 IN CRIME NO.42/2009 OF DEVIKULAM POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------- PHIIP, S/O. JOSEPH, NERIYAMPARAMBIL HOUSE, DEVIKULAM.P.O, DEVIKULAM. BY ADV. SRI.N.SUKUMARAN RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3501 of 2009 -------------------------------- Dated this the 30th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.42 of 2009 of Devikulam Police Station. 2. The offences alleged against the petitioner are under Sections 417 and 420 of the Indian Penal Code. 3. The case of the defacto complainant is that the petitioner promised to marry her in September 2007 and took away some of her gold ornaments and cash of Rs.30,000/-. The FI statement was recorded on 4.4.2009. The FI statement would also indicate that she had sexual contacts with the accused with her consent. 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 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 for the like BA No.3501 /2009 2 amount to the satisfaction of the officer concerned, subject to the following 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