IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2435 of 2009(D) ------------------------------------- CRIME NO.39/2009 OF KODANCHERY POLICE STATION PETITIONER/ACCUSED : ----------------------------- JOHNSON.P.A., S/O ANTONY, PULICKAL HOUSE,KODANCHERY.P.O., KOZHIKODE DIST. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KODANCHERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2435 of 2009 ------------------------------------ Dated this the 21st day of May, 2009 ORDER Petitioner, who is the accused in Crime No.39/2009 of Kodanchery Police Station, has filed this application under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail. Offences levelled against the petitioner are under Sections 406, 498-A and 323 of the Indian Penal Code. The defacto complainant is the wife of the petitioner. 2. I have gone through the copy of the complaint filed by the defacto complainant before the Judicial Magistrate of First Class-II, Thamarassery, which was forwarded to the police for investigation under Section 156(3) Cr.P.C.. In the facts and circumstances of the case, I am of the view that the Bail Application can be disposed of with the following directions: The petitioner shall appear before the investigating officer for interrogation on 28/05/2009 and on any subsequent date on which investigating officer directs the petitioner to appear. In case the petitioner is arrested, the investigating officer shall B.A. No. 2435/2009 2 release the petitioner on bail on his executing a bond for Rs.25,000/-(Rupees Twenty Five Only) with two solvent sureties for the like sum. The bail shall be in force for a period of one month, before the expiry of which, the petitioner shall appear before the learned Magistrate and seek regular bail. K.T. SANKARAN, JUDGE scm