IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4458 of 2009 CRIME NO.239 OF 2008 OF NEYYATTINKARA POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ AJAYAGOSH, S/O.RAGHAVAN, AGED 27 YEARS, R.V.BHAVAN, THORANAM THALAYKAL, CHAIKKOTTUKONAM, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 239 OF 2008 OF NEYYATTINKARA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4458 OF 2009 ------------------------------------------------------ Dated this the 12th 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.239 of 2009 of Neyyattinkara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 326 and 308 read with Section 149 of the Indian Penal Code. 3. It would appear that the petitioner was in love with one Santha, a relative of the de facto complainant. Subsequently, they married under the Special Marriage Act. It is stated that the disputes and differences between the parties have been amicably settled. Crl.M.C.No.2490 of 2009 was moved to quash the complaint and it was disposed of with certain directions to move after the charge is laid. The investigation is in progress. 4. In the facts and circumstances of the case and in view of B.A. NO. 4458 OF 2009 :: 2 :: the subsequent developments, 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 Rs.15,000/- 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 ahz/