IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5671 of 2011() ----------------------------- CRMP.1843/2011 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. (CRIME NO.370 OF 2011 OF POOCHAKKAL POLICE STATION, ALAPPUZHA DT.) .................... PETITIONER/ACCUSED -------------------------------------- SOJI PETER, S/O.K.J.PETER, KOLLEZHAM, MANAPPURAM P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION, CHERTHALA, ALAPPUZHA DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5671 of 2011 ---------------------------------------------- Dated this the 22nd day of July, 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.370 of 2011 of Poochakkal Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 498A read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 14/07/2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 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 to the petitioner to appear before the investigating officer on 19th July, 2011. 5. Post on 22.7.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.370 of 2011 of Poochakkal Police Station till 25.7.2011”. Bail Appln.No.5671/2011 : 2 : 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 14/07/2011 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 14/07/2011 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 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 every Sunday, for a period of two months. b) The petitioner shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.5671/2011 : 3 : c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. 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