IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5476 of 2011() ----------------------------- CRIME NO.401/2011 OF BEKAL POLICE STATION, KASARAGOD PETITIONER/ACCUSED : -------------------------- MUSTHAFA, S/O.ALEEMA, RESIDING AT PUTHIYAKADAPURAM, BEKAL, PALLIKKERA VILLAGE, HOSDURG TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5476 of 2011 --------------------------- Dated this the 22nd day of July, 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.401 of 2011 of Bekal Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is the following :The accused and the de facto complainant lived together as man and wife for quite long. The accused received amounts from the de facto complainant under the promise that a vehicle would be purchased in the joint names of the de facto complainant and the accused. The accused did not keep his word and purchased the vehicle in his own name. Thereafter, he married another woman and abandoned the de facto complainant. BA 5476/2011 2 4. When the Bail Application came up for admission on 12.7.2011, the following order was passed : “4. Taking into account the facts and circumstances of the case and the nature of the offence, 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 19.7.2011. Post on 22.7.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.401 of 2011 of Bekal Police Station, till 26.7.2011. The petitioner shall produce a copy of this order before the investigating officer." 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 12.7.2011 has been complied with by the petitioner. 6. 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 12.7.2011 has been complied BA 5476/2011 3 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 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 csl