IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 4686 of 2009 CRIME NO.405 OF 2009 OF KASBA POLICE STATION, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- SHARADA L.E. @ BINDU, D/O.ESWARA IYER, AGED 38 YEARS, RESIDING AT SETHU NIVAS, PANNIYAMKARA AMSOM, THIRUVANNUR DESOM, KOZHIKODE TALUK. BY ADV. SRI.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4686 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 2009 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.405 of 2009 of Kasaba Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 408, 418, 420, 463 and 465 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 23.9.2009, the following order was passed: “After having heard the learned counsel for the petitioner and having perused the additional documents, which shows that one of the Kidneys of the petitioner was removed after a surgical operation, and also taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to B.A. NO. 4686 OF 2009 :: 2 :: appear before the investigating officer at 9A.M on 5th and 6th October, 2009. Post on 9/10/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.405 of 2009 of Kasba Police Station, Kozhikode.” 4. Learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the direction. 5. 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 her on bail on her 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. 4686 OF 2009 :: 3 :: 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 ahz/