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. 6457 of 2011 CRIME NO.713 OF 2011 OF VIYUR POLICE STATION PETITIONER/SOLE ACCUSED: -------------------------------------------- PAUL, AGED 43, S/O.POULOSE, MAROKKI HOUSE, CHEROOR, THRISSUR DISTRICT- 680 001. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.RAVI.K. (PARIYARATH) RESPONDENT: STATE/COMPLAINANT: --------------------------------- THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, VIYUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031. ADDL.R2 IMPLEADED: REEBA, D/O.JACOB, AGED 39 YEARS, VAZHAPPILLY HOUSE, CHIRANELLUR P.O., KECHERY VAZHI, THRISSUR DISTRICT. ADDL.R2 IS IMPLEADED AS PER THE ORDER DATED 11.10.2011 IN CRL.M.A.NO.5196 OF 2011. R1 BY STATE PROSECUTOR ADDL.R2 BY ADV. SRI.S.RAJEEV 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. 6457 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 the accused in Crime No.713 of 2011 of Viyyur Police Station, Thrissur District. 2. The offences alleged against the accused are under Sections 498A and 323 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned State Prosecutor. 4. The matter was referred to the Kerala Mediation Centre and, in spite of the best efforts, the matter could not be settled between the parties. 5. Taking into account the facts and circumstances of the BAIL APPL. NO.6457 OF 2011 :: 2 :: 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 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/