THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl.No. 8701 of 2011() ----------------------------- (Crime No: 1357/2011 of Ambalamedu Police Station) PERTITIONER(S): PETITIONER/ACCUSED NO:1 --------------------------------------- SHAJI, S/O OUSEPH, AGED 39 KANNAMOOLAYIL HOUSE, PUTTUMANOOR KARA PUTHENCRUZ VILLAGE. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE STATION HOUSE OFFICER, AMBALAMEDU POLICE STATION) BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA Bail Appl.No. 8701 of 2011() APPENDIX PETITIONER'S ANNEXURE: ANNEX A1: COPY OF ORDER DATED 11.10.2011 IN CRL.M.C.NO.1550 OF 2011 OF THE COURT OF SESSIONS, ERNAKULAM. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8701 OF 2011 ------------------------------------------------------ Dated this the 11th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No. 1 in Crime No. 1357 of 2011 of the Ambalamedu Police Station. 2. The offences alleged against the petitioner are under Sections 498-A and 323 read with Section 34 of the Indian Penal Code. 3. Head the learned counsel for the petitioner and the learned public prosecutor. 4. 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 him on bail on his executing bond for Rs. 10,000/- (Rupees Ten BAIL APPL. NO. 8701 OF 2011 :: 2 :: 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 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; 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 bka/-