IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Bail Appl..No. 9074 of 2011() ----------------------------- CRIME NO.1543/2011 OF ANGAMALY POLICE STATION .................... PETITIONER/ACCUSED --------------------------- MATHAI.N.V., AGED 40 YEARS, S/O. VARGHESE, C/O. SALI VARGHESE, AALUNKKAL HOUSE, CHAKKARAPARAMBA, ANGAMALY. BY ADV. SRI.IEANS.C.CHAMAKKALA RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE S.H.O., ANGAMALY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, ERNAKULAM-682 031. PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9074 of 2011 --------------------------- Dated this the 19th 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 the sole accused in Crime No.1543 of 2011 of Angamaly Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Magistrate's court which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. BA 9074/11 2 There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail 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 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 csl