IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1845 of 2010 CRIME NO.235 OF 2010 OF IRINJALAKUDA POLICE STATION PETITIONER/ACCUSED -------------------------------------- THOMAS, AGED 63 YEARS, POZHALIPARAMBIL HOUSE, MAPRANAM, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT: COMPLAINANT -------------------------- THE CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1845 OF 2010 ------------------------------------------------------ Dated this the 7th day of April, 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 the accused in Crime No.235 of 2010 of Irinjalakuda Police Station. The de facto complainant is the wife of the petitioner. The other injured in the case is the daughter-in-law of the petitioner. 2. The offences alleged against the petitioner are under Sections 323, 354, 307 and 309 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the parties have settled the disputes. A photocopy of the joint statement is produced along with the Bail Application. I am not considering that joint statement for the disposal of this Bail Application, since it is not the original. The learned counsel for the petitioner submitted that the petitioner has suicidal mania. B.A. NO. 1845 OF 2010 :: 2 :: 4. The learned Public Prosecutor, on instructions from the Sub Inspector of Police, Irinjalakuda Police Station, submitted that the children of the de facto complainant stated that the de facto complainant is inclined to proceed with the case, but she has no objection if the petitioner is granted bail. 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. 6. 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: 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; B.A. NO. 1845 OF 2010 :: 3 :: 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/