IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 4695 of 2009() ----------------------------------- CRIME NO. 89/2009 OF THIDANADU POLICE STATION ..................... PETITIONER: ------------------- JAQUILIN ANTONY, W/O. ANTONY, KAITHAKEL HOUSE, CHEMMALAMATTOM POST, KONDOOR VILLAGE, KOTTAYAM. BY ADV. SRI. MATHEW JOHN (K) RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4695 of 2009 ------------------------------------ Dated this the 5th day of October, 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.2 in Crime No.89/2009 of Thidanadu Police Station. 2. The offences alleged against the petitioner are under Sections 511 of 420, 468 and 471 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 8/9/2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before finally disposing of the application for anticipatory bail, an opportunity should be afforded to the petitioner to appear before the investigating officer and explain the matter. The petitioner shall appear before the B.A. No. 4695 / 2009 2 investigating officer on 18/9/2009 at 9A.M. Post on 24/9/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested till then.” 4. It is submitted that the petitioner appeared before the investigating officer as per the direction in order dated 8/9/2009. 5. Taking into account the facts and circumstances of the case and also the fact that the petitioner appeared before the investigating officer as per the direction issued by this Court , 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.10,000/- 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. B.A. No. 4695 / 2009 3 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 scm