IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 5324 of 2009 CRIME NO.305 OF 2009 OF PANGODE POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ SULAIMAN,S/O.MYTHEEN KUNJU, AGED 55 YEARS,RESIDING T SHAHAMA MANZIL,PACHA, VALAKUZHY,KALLARA VILLAGE,NEDUMANGADU. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA,REPRESENTD BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PANGODU POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5324 OF 2009 ------------------------------------------------------ Dated this the 22nd day of September, 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 first accused in Crime No.305 of 2009 of Pangode Police Station. 2. The offence alleged against the petitioner is under Section 498A read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 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 on his executing bond for Rs.25,000/- with two solvent sureties for the like B.A. NO. 5324 OF 2009 :: 2 :: amount to the satisfaction of the officer concerned, subject to the following conditions: 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 ahz/