IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9726 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.9045/2011 CRIME NO.1057/2011 OF PUTHOOR POLICE STATION KOLLAM DISTRICT .................... PETITIONER : IST ACCUSED ------------------------------- SHIBU , AGED 33 YEARS, S/O LATE SURENDRAN, RESIDING AT THEKAVILA THEKKATHIL, MARANADU P.O, PAVITHRESWARAM VILLAGE, KOTTARAKARA ALUK, KOLLAM. BY ADV. SRI.T.T.RAKESH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PUTHOOR POLICE STATION. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9726 of 2011 ---------------------------------------------- Dated this the 02nd day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1057 of 2011 of Puthoor Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 498-A read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The petitioner is the husband of the de facto complainant. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. As per the order dated 15th November, 2011 in Bail Application No.9045 of 2011, anticipatory bail was granted to accused Nos.2 to 5. Bail Appln.No.9726/2011 : 2 : 7. 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer 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 Mondays and Thursdays for a period of one month. 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. Bail Appln.No.9726/2011 : 3 : D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 skj