IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4838 of 2009() ------------------------------------------ (CRIME NO.234/2009 OF CHANGANASSERY POLICE STATION) PETITIONER/IST ACCUSED: ------------------------------------------ VINOD XAVIER, S/O.LATE XAVIER, AGED 35 YEARS, KURISINGAL HOUSE, 49/1093-C-1, INDIRA ROAD, EDAPPALLY P.O., KOCHI-24, NOW EMPLOYED IN NATIONAL SHIPPING GULF AGENCY COMPANY LTD., P.O.BOX.377, ABU DABI, U.A.E. BY ADV. MRI.K.J.KURIACHAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, CHANGANASSERY POLICE STATION. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 4838 of 2009 ------------------------------------ Dated this the 26th day of August, 2009 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.234 of 2009 of Changanassery Police Station. 2. The offence alleged against the petitioner is under Section 498A read with section 34 of the Indian Penal Code. 3. The petitioner and others filed B.A.No.2216 of 2009 for anticipatory bail. That application was disposed of as per order dated 26-5-2009 granting anticipatory bail to the second accused. In so far as the prayer of accused 1 and 3 was concerned, it was rejected on the ground that they were not available in India. The learned counsel for the petitioner submits that the petitioner has now come to India and the petitioner may be granted anticipatory bail. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I BA 4838//09 2 am of the view that anticipatory bail can be granted to the petitioner. 5. 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall 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 mn