IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9369 of 2011 CRIME NO.1064 OF 2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT. PETITIONER/ACCUSED. --------------------------------------- SAJI, S/O.SCARIA, NIRAPPEL HOUSE, THANKALAM KARA, THRIKKARIYOOR VILLAGE. BY ADV. SRI.V.TEKCHAND SRI.N.RAJESH RESPONDENTS: STATE/COMPLAINANT. -------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SI OF POLICE, KOTHAMANGALAM POLICE STATION. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9369 OF 2011 ------------------------------------------------------ Dated this the 22nd 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. Petitioner is the accused in Crime No.1064 of 2011 of Kothamangalam Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. The case of the defacto complainant is that cruelty was meted out towards her by the petitioner. It is alleged that on 28.9.2011 at 7.30 A.M., when the defacto complainant came to the shop run by the petitioner and took a coconut from the shop, she was attacked by the petitioner with a coconut and she sustained injuries. The case of the petitioner is that on 28.9.2011 at 11 A.M., the parents of the defacto complainant came to the shop of the petitioner and attacked him with an iron rod. The petitioner BAIL APPL. NO. 9369 OF 2011 :: 2 :: sustained injuries and he was admitted in the hospital. The petitioner denies the incident which allegedly took place at 7.30 A.M. on 28.9.2011. 4. After having heard the learned counsel for the petitioner and the learned Public Prosecutor, 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 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 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; BAIL APPL. NO. 9369 OF 2011 :: 3 :: 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 ahz/