IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 646 of 2010() ------------------------------------- CRIME NO.71/2010 OF NEDUMBASSERRY POLICE STATION, ERNAKULAM. .................... PETITIONER/ACCUSED: -------------------------------------- KATTILILCHALIL LAKSHMI, AGED 37 YEARS, W/O.KUMARAN, NELLIYODAN KANDI, NOORAMTHODE P.O, KOZHIKODE DISTRICT. BY ADV. SRI.JAISON JOSEPH RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEDUMBASSERRY POLICE STATION. 3. DEPUTY SUPERINTENDENT OF POLICE, CBCID ALUVA. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 646 of 2010 ------------------------------------ Dated this the 17th day of March, 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.71/2010 of Nedumbassery Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 419, 468 and 471 of the Indian Penal Code and Section 12(1)(b)(d) of the Passport Act. 3. When the Bail Application came up for hearing on 5/03/2010, the following order was passed; “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, 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 appear before the investigating officer at 9 A.M. on 9/3/2010 and 10/3/2010. The B.A. No. 646/2010 2 petitioner shall produce a copy of the order before the investigating officer. Post on 17/3/2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.71 of 2010 of Nedumbassery Police Station.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 5/03/2010. 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.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 646/2010 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 scm