IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 3078 of 2009 C.C.NO.267/2006 (LPC.114 OF 2008) ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS I, KANNUR. CRIME NO.1075/2003 OF KANNUR TOWN POLICE STATION. PETITIONER: ACCUSED: -------------------- KITARINTAVIDA VAHID, SON OF KUNHAMED, AGED 36, EMPLOYED IN SHARJAH, UAE, PERMANENTLY, RES. AT MUNEER NIVAS, PADANNAPPALAM,KANNUR. BY ADV. SRI.K.M.MOHAMMED KUNHI RESPONDENT): --------------- 1. STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR. 3. P.P. KHADEEJA, D/O. MAMMUNHI, AGED 31 YEARS, NO. OCCUPATION, RESIDING AT ANCHAMPEEDIKA NEAR KALLIASSERY SOUTH U.P. SCHOOL, KALLIASSERY AMSOM DESOM, KANNUR DIST, (WITHIN THE LIMIT OF KANNAPURAM POLICE STATION). PUBLIC PROSECUTORM SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3078 OF 2009 B ------------------------------------------------------ Dated this the 15th June, 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 the accused in C.C. No.267 of 2006 (L.P.C.114 of 2008), on the file of the Judicial Magistrate of the First Class I, Kannur.. 2. The case was originally numbered and tried as C.C.NO.197 of 2004. The petitioner herein was the first accused therein. It is stated that he was working abroad. He did not appear in the case. The case against him was split up and it was renumbered as C.C.No.267 of 2006. The other accused in the case were acquitted. The offence alleged against the accused persons were under Section 498A read with Section 34 of the Indian Penal Code. 3. In the present case, namely, C.C.No.267 of 2006, the petitioner did not appear and non-bailable warrant was issued against him. The petitioner moved Crl.M.C.No.667 of 2009 before the Court of Sessions, Thalassery for anticipatory bail. That application was dismissed by the order dated 27.5.2009. B.A. NO. 3078 OF 2009 :: 2 :: 4. It is submitted by the learned counsel for the petitioner that the petitioner as well as the third respondent, his wife, have settled all their disputes and differences and they are living together for about three years and a child was born in that relationship. Now a warrant is pending against the petitioner. The petitioner apprehends that if he appears before the Magistrate Court, there is every likelihood of the petitioner being remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner. The petitioner shall surrender before the Judicial Magistrate of the First Class I, Kannur on any day between 17.6.2009 and 24.6.2009 and on such surrender, he shall be released on bail by the learned Magistrate on the same day itself. The Bail Application is allowed as indicated above. (K.T.SANKARAN) Judge ahz/