IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 4995 of 2009() ----------------------------- CRIME NO.152/2009 OF CHOMBALA POLICE STATION, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- MOOSA, S/O. MAMMAD, AGED 62 YEARS, 'MOOSAS', THADATHIL HOUSE, AZHIYUR P.O., VADAKARA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CHOMBALA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4995 of 2009 --------------------------------------------- Dated this the 1st day of October, 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.152 of 2009 of Chombala Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 498A and 506(i) of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. It is submitted by the learned counsel for the petitioner that the offence alleged in the case occurred on 19.8.2009 and that even before the date of the alleged incident, the marital relationship between the defacto complainant and the petitioner had come to an end, the petitioner having pronounced Talaq. An additional document is produced by the petitioner to show that Talaq was pronounced on 11.8.2009. Annexure A1 is a certificate issued by the Darussalam Association, Azhiyoor showing that the petitioner had pronounced Talaq. 5. Taking into account the facts and circumstances of the BA No.4995/2009 2 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 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