IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 5130 of 2009() -------------------------------------- CRIME NO.661/2009 OF PANDALAM POLICE STATION, PATHANAMTHITTA. PETITIONER/ACCUSED: --------------------------------------- JALAJA KUMARI K.C. @ JALAJA MOHAN, W/O.MOHAN, AGED 40 YEARS, KIDUTHATTIL KIZHAKKETHIL VEEDU, KAIPPATTOOR P.O., PATHANAMTHITTA. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5130 of 2009 ------------------------------------ Dated this the 6th day of November, 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 accused no. 4 in Crime No. 661/2009 of Pandalam Police Station. 2. The offences alleged against the petitioner is under Sections 409, 420 r/w 34 of the Indian Penal Code. 3. When the Bail Application took up for hearing on 5th October 2009, the following order was passed. “ It is submitted by the learned Counsel for the petitioner that if the petitioner is given an opportunity to appear before the police, the investigating officer would be satisfied about the innocence of the petitioner. Taking into account this submission, 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 AM on 12th and 13th October, 2009. Post on 16.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be B.A. No. 5130 of 2009 2 arrested until further orders in connection with Crime No. 661 of 2009 of Pandalam Police Station.” 4. Learned Counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the directions in the order dated 5th October 2009 and she has co-operated with the investigating officer. 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. 15,000/- with two solvent sureties for the like 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. B.A. No. 5130 of 2009 3 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 kkms