IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8258 of 2011() ----------------------------- CRIME NO.286/2011 OF MAVOOR POLICE STATION, KOZHIKODE .................... PETITIONER (S): ACCUSED NO.1 -------------------------------- RAJESH T, S/O VELAYUDHAN, AGED 39 YEARS, TOOVAKKATTU PARAMBA HOUSE, MAVOOR P.O, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION KOZHIKKODE DISTRICT. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8258 of 2011 --------------------------- Dated this the 24th 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 the first accused in Crime No.286 of 2011 of Mavoor Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 498A, 406 and 323 read with Section 34 of the Indian Penal Code. 3. The petitioner is the husband of the de facto complainant. The de facto complainant filed a complaint before the Magistrate's court and it was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. 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 BA 8258/11 2 petitioner. 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/- 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