IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3138 of 2009() ----------------------------- CRIME NO.221/2009 OF KUNDARA POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.PRASANNAKUMAR, PUNNASSERIKALAM, ATTUVATHALA, NEDUMUDY, ALAPPUZHA DISTRICT, WORKING AS CHIEF SECURITY OFFICER, SCTIMIST, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KUNDARA, KOLLAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3138 of 2009 ------------------------------------ Dated this the 12th day of June, 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.221/2009 of Kundara Police Station, Kollam. 2. The offences alleged against the petitioner are under sections 452, 323 and 427 of the Indian Penal Code. 3. The defacto complainant is the mother in law of the petitioner. It would appear that there are disputes between the petitioner and the defacto complainant. 4. Taking into account the facts and circumstances of the case, the relationship between the parties and the nature of the offence, 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 for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer B.A. No. 3138/ 2009 2 concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Sundays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) 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