A IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2455 of 2010() -------------------------------------- CRIME NO.80/2010 OF ELATHUR POLICE STATION, KOZHIKODE DIST. ......... PETITIONER/ACCUSED NO.1 ---------------------- JOHNSON @ SHEFEEQUE, S/O.MATHEWS, AGED 37 YEARS, EDAKKARA HOUSE, P.O.VARAPPUZHA, OLANAD AMSOM, PARAVOOR, ERNAKULAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2455 of 2010 -=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by the accused in Crime No.80/2010 of Elathur Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he married the de facto complainant concealing his earlier marriage and subsequently he harassed her and thereby committed offence punishable under section 494, 495, 496, 498-A and 406 read with section 34 of the IPC. 3. The petitioner was arrested on 24.3.2010. The Judicial First Class Magistrate Court, Koyilandy rejected his bail application and he is in remand thereafter. 4. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. B.A. No. 2455 of 2010 2 5. For the following reasons, I am inclined to grant bail to the petitioner. The petitioner is in remand from 24.3.2010 onwards. Further the learned Public Prosecutor submits that the investigation is almost over. Therefore I feel that he can be released on bail. 6. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer between 10 A.M. and 11 A.M. on all Mondays. 2) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 2455 of 2010 3 3) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 4) In case of breach of any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb