IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5199 of 2011() ------------------------------------------ (CRIME NO.348/2011 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT) ......... PETITIONER/ACCUSED: -------------------------------------- MAHESH, AGED 38 YEARS, S/O.MAHADEVAN PILLAI, SREEJASADANAM, NJAKKUNILAM, VALLICODE VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.V.SETHUNATH, SRI.PRAKASH KESAVAN, RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE C.I. OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DITRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A. No.5199 OF 2011 --------------------------------- Dated this the 11th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.348 of 2011 of the Pathanamthitta Police Station. 2. The offences alleged against the petitioner are under Sections 324, 427 and 452 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court and it was forwarded to the police under Section 156(3) of the Code of Criminal Procedure and Crime No.348 of 2011 was registered. It is submitted that a case was registered against the defacto complainant's husband and son at the instance of the petitioner's wife for the offence under Sections 294(b), 323, 324, 326, 308 and 452 of the Indian Penal Code. It is alleged that the B.A. No.5199 OF 2011 2 complaint was filed as a counter blast to that case. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained 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 him on bail for a period of one month on his executing bond for `10,000/-(Rupees Ten thousand only) 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) Before the expiry of the period mentioned above,the petitioner shall surrender before the Magistrate concerned and seek regular bail. B.A. No.5199 OF 2011 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. cms