IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6490 of 2011() ----------------------------- CRIME NO.690 OF 2011 OF ADIMALI POLICE STATION, IDUKKI DT. PETITIONER/ACCUSED: --------------------------------- SALIM, AGED 35 YEARS EZHUTHANIKKATTU HOUSE, 20CENT COLONY, 10TH MILE MANNAMKANDOM VILLAGE,ADIMALI, IDUKKI. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- STATE OF KERALA, REP BY S.H.O ADMIMALI POLICE STATION IDUKKI DISTRICT, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6490 OF 2011 --------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.690 of 2011 of Adimali Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 498-A of the Indian Penal Code. 3. When the Bail Application came up for admission on 17th August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction B.A.No.6490 OF 2011 2 to the petitioner to appear before the investigating officer on 20th and 21st August, 2011. 5. Post on 25th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.690 of 2011 of Adimali Police Station, till 25th August, 2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated17th August, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 17th August, 2011 has been complied with by the petitioner, 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 B.A.No.6490 OF 2011 3 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 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. cms