IN 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. 8360 of 2011() ----------------------------- CRIME NO.255/2011 OF VILAPPILSALA POLICE STATION PETITIONER/ACCUSED : -------------------------- JAYACHANDRAN.R,AGED 46 YEARS, S/O.RAMANKUTTY ASSARI, PONNAMMA RESIDENCE, CHAMBUVILA,MOONGODU PO,THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8360 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 the sole accused in Crime No.255 of 2011 of Vilappilsala Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. When the Bail Application came up for admission on 24.10.2011, the following order was passed : “3. The marriage between the petitioner and the deceased took place on 18.8.2006. On 19.5.2011, the wife of the petitioner committed suicide. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. BA 8360/11 2 5. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 5.11.2011 and 6.11.2011. 6. Post on 10.11.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.255 of 2011 of Vilappilsala Police Station, till 13.11.2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner BA 8360/11 3 as well as the learned Public Prosecutor that the direction in the order dated 24.10.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 24.10.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the 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 ; BA 8360/11 4 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