IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4029 of 2009() ----------------------------- CRIME NO.403/2009 OF THIRUVALLA POLICE STATION PETITIONER/ACCUSED -------------------------------------- DR.NISHA SAIRA BENOY, D/O. P.S.JACOB, PALACKAL HOUSE, RAILWAY STATION P.O. KUTTAPPUZHA THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT,KERALA STATE, NOW RESIDING AT 2B BROWNHILL VIEW HEIGHTS LANE ROCHDALE O112 OJP UNITED KIGDOM. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): STATE -------------------- THE SUB INSPECTOR OF POLICE,TIRUVALLA POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4029 OF 2009 ------------------------------------------------------ Dated this the 31st 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 accused in Crime No.403 of 2009 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 420, 465, 468 and 471 of the Indian Penal Code. 3. The de facto complainant is the husband of the petitioner. The de facto complainant has filed a petition for divorce against the petitioner as O.P.(Divorce) No.958 of 2008 before the Family Court, Thiruvalla and it is pending. 4. The de facto complainant filed a petition before the Superintendent of Police, Pathanamthitta, which was forwarded to the Sub Inspector of Police, Thiruvalla and the crime was registered. From the petition, it is seen that the husband was working abroad. For delivery, the wife had come to Kerala. Thereafter, the B.A. NO. 4029 OF 2009 :: 2 :: relationship between the parties become strained, which resulted in the filing of the petition for divorce. The husband alleges that the wife had forged his signature for the purpose of getting passport for the minor child in October, 2008. 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 station shall release her on bail on her 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 4029 OF 2009 :: 3 :: e) 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/