IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3447 of 2009() ----------------------------- CRIME NO.670/2009 OF ADOOR POLICE STATION PETITIONER (S): ACCUSED --------------------------- P.J. JAYAKUMAR @ KANNAN, S/O. LATE JANARDHANANPILLAI, AGED 40 YEARS, PADAYATTU HOUSE, EZHAMKULAM, PARAKODE.P.O, ADOOR. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, ADOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.VIPINDAS THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3447 of 2009 -------------------------------- Dated this the 26th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.670 of 2009 of Adoor Police Station. 2. The offences alleged against the petitioner are under Sections 498A, 324 and 427 of the Indian Penal Code. 3. The defacto complainant is the wife of the petitioner. She has filed a petition before the police alleging that the petitioner committed the aforesaid offences. The petitioner states that the allegations made against him are false. According to the petitioner, the defacto complainant developed an extramarital relationship with one Reji. The petitioner has produced Annexure I, a copy of OP(HMA) No.253 of 2009, filed by Deepa and others against Reji and Anitha. Anitha is the defacto complainant in the present case. In Annexure I, Deepa has alleged that Reji and the defacto complainant in the present case are having illicit relationship. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view BA No. 3447 /2009 2 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 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 csl