IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3878 of 2009() ------------------------------------- CRIME NO.398/2009 OF THE KAYAMKULAM POLICE STATION, ALAPPUZHA PETITIONER/IST ACCUSED: ------------------------------------------ KAILASANATH, AGED 40 YEARS, S/O.SATHYADEVAN, POORADISSERI THARAYIL, PRAYAR P.O., PRAYAR NORTH, PUTHUPPALLY VILLAGE. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDENTS/COMPLAINANT AND STATE: ----------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, POLICE STATION, KAYAMKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3878 of 2009 ------------------------------------ Dated this the 17th day of July, 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 first accused in Crime No.398/2009 of Kayamkulam Police Station. 2. The offence alleged against the petitioner is under Section 498 A of the Indian Penal Code. 3. The petitioner is the husband of the defacto complainant. The other accused persons are his parents and sister. It is submitted by the learned counsel for the petitioner that other accused persons surrendered before the court and they were released on bail. 4. I have gone though 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 police B.A. No.3878/2009 Page numbers 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 scm