IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1220 of 2009() ----------------------------- CRIME NO. 216 OF 1999 OF THRIKKAKKARA POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 -------------------- 1. MADHUSUDHANAN.S., S/O.P.G.SIVANKUTTY UNNITHAN, AGED 39 YEARS. RESIDING AT PULLAMPALLIL HOUSE, KAPPIL EAST, KRISHNAPURAM VILLAGE, KARTHIKAPPALLY TALUK. 2. B.VIJAYAMMA, W/O.P.G.SIVANKUTTY, AGED 78 YEARS, PULLAMPALLIL HOUSE, KAPPIL EAST, KRISHNAPURAM VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SMT.A. SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY S.I OF POLICE, TRIKKAKARA. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO. 1220 of 2009 - - - - - - - - - - - - - - - - Dated: 16-3-2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in Crime No. 216 of 1999 of Thrikkakara Police Station for an offence punishable under Section 498 A I.P.C. seeks anticipatory bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor submitted that the second petitioner has since been deleted from the array of accused, the apprehension of arrest entertained by the 2nd petitioner is unfounded. The application for anticipatory bail so far as the 2nd petitioner is concerned is closed. 3. Having regard to the nature of the allegations levelled against the first petitioner, the relative conduct of the parties, the nature of the legal injury sustained and the other circumstances of the case, I am inclined to grant anticipatory bail to the first petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the first petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: 1. The first petitioner shall report before the Bail A.No.1220 of 2009 -:2:- Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The first petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The first petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The first petitioner shall not commit any offence while on bail. 5. On the expiry of the aforesaid period, the first Petitioner shall surrender before the Magistrate concerned and seek regular bail. If the first petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is partly allowed as above. V.RAMKUMAR, JUDGE. ani.