IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 4547 of 2009() ----------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4170/2009 CRMP.988/2009 of DISTRICT COURT, PALAKKAD CRIME NO.393/2009 OF PATTAMBI POLICE STATION, PALAKKAD .................... PETITIONER/ACCUSED NO.1: ---------------------------------------- ANIL KUMAR, S/O. PERUNNI, PUTHANPURAYIL VEEDU, KODIKUNNU, PALLIPURAM P.O., PATTAMBI, OTTAPALAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/ STATE: -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, PATTAMBI POLICE STATION. *2. SUNITHA, D/O. MOHANDAS, CHATHAYILKKAVU HOUSE, VARATTIPALLIYAL, NAYOOR, AANAKKARA, OTTAPALAM TALUK. ADV. SRI.SANTHEEP ANKARATH FOR R2 SRI. TEKCHAND, PUBLIC PROSECUTOR (* R2 IS IMPLEADED AS PER THE ORDER DATED 10/11/2009 IN Crl. M.A. No.4468/2009) THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4547 of 2009 ------------------------------------ Dated this the 10th 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.1 in Crime No.393/2009 of Pattambi Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. As per the order dated 30/07/2009 in B.A. No.4170 of 2009, anticipatory bail was granted in favour of accused Nos.2 to 4. 4. In the present Bail Application, after hearing both sides, the case was referred to the Lok Adalath to explore the possibilities of settlement between the parties. It is reported that the settlement did not materialise in spite of the best efforts by the counsel on either side. 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 B.A. No. 4547 / 2009 2 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 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. 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