IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5093 of 2011() ----------------------------- Crime No.455 of 2011 of the Vaikom Police Station. PETITIONER: ACCUSED NO.3 -------------------- MURALIDHARAN RESIDING AT GANGA(H),ARATTUKULANGARA, THEKKENADA, VAIKOM,NOW RESIDING AT KANNAZATHU HOUSE, PADINJERAMURY P.O.,VAIKOM BY ADV. SRI.S.RADHAKRISHNAN SRI.S.RAJ MOHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM-PIN-686141 PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5093 of 2011 ----------------------------------------------------- Dated this the 04th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.3 in Crime No.455 of 2011 of the Vaikom Police Station. 2. The offence alleged against the petitioner is under Sections 406, 417, 323, 506(ii) & 498-A read with Section 34 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the accused No.1 is the husband of the de facto complainant and accused No.2 is the sister of the first accused. It is stated that the third accused belongs to a different community and he is only a family friend of accused Nos.1 and 2. The counsel also pointed out that as per the order in Bail Application No.4550 of 2011, this Court issued certain directions in the event of arrest of accused Nos.1 and 2. It is submitted that certain directions were also given to the learned Magistrate in the matter of granting bail to accused Nos.1 and 2. Counsel submitted that accordingly bail Bail Appln.No.5093/2011 : 2 : was granted to accused Nos.1 and 2 and they never remained in judicial custody. It is submitted that the allegations levelled against the petitioner would not lead to the inference that he committed any of the offence alleged. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 for a period of one month on his executing bond for `15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like 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. Bail Appln.No.5093/2011 : 3 : D) Before the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular 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