IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3596 of 2011 ----------------------------- CRIME NO.63/2011 OF VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT. .................... PETITIONER/ACCUSED NO.1: --------------------------------- ALEX THEOPHINE, AGED 34 YEARS, S/O. FRANCIS, ARAKKAL HOUSE, THIRUNOOPAN, VARAPUZHA. BY ADV. SMT.A.P.LALY @ LALY VINCENT RESPONDENTS/COMPLAINANTS: ----------------------------------- 1. THE SUB INSPECTOR OF POLICE, VARAPUZHA POLICE STATION, VARAPUZHA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3596 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of May,2011 O R D E R Petitioner is the first accused in Crime No.63/2011 of Varapuzha Police Station, Ernakulam District. It was registered under Sections 323, 324, 406, 506(ii) and 498A r/w 34 IPC. This application is for pre-arrest bail. 2. It is alleged that the petitioner has subjected the defacto complainant to physical and mental cruelty and also beaten her. Accused Nos.2 and 3 were granted bail by the Sessions Court. Learned counsel submits that the petitioner is ready and willing to take his wife to his house. Learned Public Prosecutor submits that since she was not allowed to get into the house of the petitioner, she is at present staying in a convent. In these circumstances, I think it is fit and proper to direct the parties to mediation for an amicable settlement of the matter. However considering that aspect, the petitioner is granted bail. 3. I have heard the learned counsel appearing for the petitioner/petitioners and the learned Public Prosecutor and also B.A. No. 3596 of 2011 -:2:- gone through the available records. Considering all the aspects the following directions are issued. 4. The petitioner shall surrender before the learned Magistrate within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail application in accordance with law. In the meanwhile if the petitioner is arrested, he shall be released on bail on his executing a bond for `75,000/-(Rupees seventy five thousand only) with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: i. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the B.A. No. 3596 of 2011 -:3:- same before the Magistrate. iii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Sessions Court, Ernakulam without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE ttb