IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Bail Appl..No. 7349 of 2008 CRIME NO.653 OF 2008 OF KONNI POLICE STATION PETITIONER: ACCUSED: -------------------- SUBHASH BABU, S/O.NARAYANAN, PATHALIL PUTHENVEEDU, VAKAYAUR POST, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, KONNI POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7349 OF 2008 ------------------------------------------------------ Dated this the 23rd 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 Crime No.653 of 2008 of Konni Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. When the Bail Application came up for admission, as per the order dated 19.1.2009, the matter was referred to the Lok Adalat. Though the case was posted on two occasions, the de facto complainant did not appear. 4. I have perused the case diary. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the B.A. NO. 7349 OF 2008 :: 2 :: police station shall release him on bail on his executing bond for Rs.25,000/- 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 ahz/