IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5171 of 2011 CRIME NO.110/2011 OF VELLAMUNDA POLICE STATION, KANNUR DISTRICT. PETITIONER: ACCUSED: ------------------------------ MOIDU,55 YEARS, ARUNGODAN HOUSE, KOKKALA, VARAMBATTA, VELLAMUNDA BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: COMPLAINANTS: --------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, VELLAMUNDA POLICE STATION, PIN - 670 731. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- B.A. NO. 5171 OF 2011 --------------------------------------------------- Dated this the 5th day of July, 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.110 of 2011 of Vellamunda Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 498A and 308 of the Indian Penal Code. The defacto complainant is the wife of the petitioner. 3. The prosecution case is that on 23.4.2011, the petitioner assaulted the defacto complainant with an iron rod. It is also alleged in the First Information Statement given by the daughter of the defacto complainant that the accused used to harass the defacto complainant demanding more dowry. The First Information Statement was given by the daughter of the defacto complainant stating that the defacto complainant was lying unconscious. The First Information Statement was recorded on 24.4.2011. In the accident register-cum-wound certificate, the defacto complainant B.A. NO. 5171 OF 2011 :: 2 :: stated that she was assaulted by her husband with a torch. The police recorded the statement of the defacto complainant later, which, to a great extent, differs from the statements in the First Information Statement. 4. The learned counsel for the petitioner submitted that the brother of the defacto complainant, namely, Ibrahim Moulavi, was arrested by the National Investigating Agency on the allegation that he had connection with Lashkar-e-Toiba, a terrorist organisation. It is stated that Ibrahim Moulavi is in judicial custody. In connection with that case, the petitioner was also questioned by the police. He stated about the activities of his brother-in-law, Ibrahim Moulavi, and that of Ayoob, the son-in-law of the petitioner. Ayoob is a co-accused in that case. It is stated that Ayoob is absconding. Ayoob is the husband of Fousiya, who gave the First Information Statement in the present case. The counsel for the petitioner submitted that on the ground that the petitioner disclosed the complicity of his brother-in-law and son-in- law in anti national activities, the present case is foisted against him. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other B.A. NO. 5171 OF 2011 :: 3 :: 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 Rupees Ten thousand 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; 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 ahz/