IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8094 of 2011 CRIME NO.1822 OF 2011 OF KOCHI CUSBA POLICE STATION PETITIONER/3RD ACCUSED: ------------------------------------------- BONEY @ ASHRAF, AGED 40 YEARS, S/O.GEORGE, PATTUPARAMBIL HOUSE, THEVAKKAL, VKC P.O., KOCHI-21. BY ADV. SRI.K.A.ABDUL SALAM SRI.SUNIL V.MOHAMMED RESPONDENT: STATE: --------------------- THE STATE OF KERALA, REP.BY THE SUB-INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 31. BY STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8094 OF 2011 ------------------------------------------------------ Dated this the 11th day of October, 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.3 in Crime No.1822 of 2011 of Kochi Cusba Police Station. 2. The offence alleged against the accused is under Section 498A of the Indian Penal Code. Learned counsel for the petitioner submitted that though Section 306 was also included in the offences, since nobody committed suicide, Section 306 will not be attracted. Learned State Prosecutor submitted that there was no suicide and it was only an attempt to commit suicide. 3. The first accused is the husband of the de facto complainant. The petitioner is the brother-in-law of the first accused. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the BAIL APPL. NO. 8094 OF 2011 :: 2 :: 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 Rupees Ten thousand 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 ahz/