IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5774 of 2011() ----------------------------- CMP.1596/2011 of ADDL.DISTRICT COURT-I,MAVELIKKARA CRIME NO.163/2011 OF KANAKAKKUNNU POLICE STATION ALAPPUZHA DISTRICT .................... PETITIONER/ACCUSED ---------------------- RATHEESH, S/O.RAVI, RATHEESH BHAVANAM, KANDALLOOR NORTH MURI, KANDALLOOR VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.K.HARILAL RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KANAKAKKUNNU POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5774 of 2011 ---------------------------------------------- Dated this the 21st 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.163 of 2011 of Kanakakkunnu Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 406 and 498-A read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of Code of Criminal Procedure and accordingly the crime was registered. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature of the offences and other circumstances, 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 Bail Appln.No.5774/2011 : 2 : 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 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 skj