IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 6912 of 2009() ----------------------------------------- *(CRIME NO.388/09 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA DISTRICT) *CRIME NO.SHOWN AS 388/09 IN BA 6912/09 IS CORRECTED AS CRIME NO.338/09 AS PER ORDER DTD. 14/12/09 IN CRL.M.A.NO.6672/09. ...... PETITIONER/IST ACCUSED: ------------------------------------------ NISSAM, AGED 39 YEARS, SIYAD MANSIL, ELAPPIKKULAM MURI, KATTANAM MURI. BY ADVS. MR.R.SUNIL KUMAR, SMT. A.SALINI LAL. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 6912 of 2009 ------------------------------------ Dated this the 14th day of January, 2010 O R D E R 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.338/2009 of Vallikkunnam Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 498 A read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 6912 of 2009 2 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 ln