IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3223 of 2009 CRIME NO.249 OF 2009 OF GANDHI NAGAR POLICE STATION, KOTTAYAM PETITIONERS: ------------------------ 1. SMT.SUMI.K.B., D/O.BALAKRISHNAN, AGED 29 YEARS, KRISHNAKRIPA, KUZHUPILLY, AYYAMPILLY P.O., VYPIN, ERNAKULAM DISTRICT-682 501. 2. BALAKRISHNAN, S/O.KRISHNAN, AGED 62 YEARS, KRISHNAKRIPA, KUZHUPILLY, AYYAMPILLY P.O., VYPIN, ERNAKULAM DISTRICT-682 501. BY ADV. SRI.T.K.RAJESHKUMAR RESPONDENTS: COMPLAINANT: --------------- 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3223 OF 2009 ------------------------------------------------------ Dated this the 1st July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The first petitioner is the accused in Crime No.249 of 2009 of Gandhi Nagar Police Station, Kottayam. Learned Public Prosecutor submitted that at present the second petitioner is not an accused in the crime. 2. The offence alleged against the first petitioner is under Sections 463, 465 and 468 of the Indian Penal Code. 3. The first petitioner was a candidate who appeared for B.Sc. (Maths) Examination held by the Mahatma Gandhi University. As she did not get the required marks, she applied for revaluation. The allegation is that at the revaluation centre manipulations were made and the answer sheets were replaced and thus the first petitioner got more marks. The result of revaluation was withheld. Thereupon, the first petitioner filed W.P.(C) No.23276 of 2008. This Court disposed of the Writ Petition by the judgment dated 29.8.2008 B.A. NO.3223 OF 2009 :: 2 :: recording the submission of the Standing Counsel for the University that the enquiry into the malpractice was going on and the results would be published later after the enquiry was over. It is stated that the results were declared subsequently and the first petitioner was granted provisional certificate and the degree certificate. On the same date, namely, on 24.4.2009, the University has filed a petition before the police alleging that the first petitioner has committed the offence, on the basis of which FIR was registered and the investigation is going on. The revaluation was done in the year 2004 and the incident alleged also occurred in 2004. 4. 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 first petitioner. There will be a direction that in the event of the arrest of the first petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner shall appear before the investigating officer for interrogation as and when required; B.A. NO.3223 OF 2009 :: 3 :: b) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The first 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 ahz/