IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 6754 of 2011 CRIME NO.700 OF 2011 OF CHADAYAMANGALAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- BABU, S/O.PAPPACHAN,THENGUVILA KIZHAKKETHIL, EDAYOM P.O., VALAKOM,KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT - 690 001. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6754 OF 2011 ------------------------------------------------------ Dated this the 7th day of September, 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 sole accused in Crime No.700 of 2011 of Chadayamangalam Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also gone through the case diary. 4. Some serious allegations are made against the petitioner. Normally in such case, anticipatory bail could not be granted and the discretion would not be exercised in favour of the petitioner. However, it is submitted that the petitioner had a fall at the work place and he sustained very serious injuries. He was BAIL APPL. NO. 6754 OF 2011 :: 2 :: treated in the Kerala Institute of Medical Sciences. It is submitted that the petitioner had ruptured disk at C5-6 level with cord compression and subluxation. It is submitted that if the petitioner is arrested and detained, his health condition would become worse and he would be put to irreparable injury and great hardship. 5. When the Bail Application came up for admission on 29th August, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 2.9.2011 and 3.9.2011. 6. Post on 6.9.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.700 of 2011 of Chadayamangalam Police Station, till 7.9.2011. The petitioner shall co-operate with the BAIL APPL. NO. 6754 OF 2011 :: 3 :: investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 29th August, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 29th September, 2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten 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; BAIL APPL. NO. 6754 OF 2011 :: 4 :: 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/