IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 7977 of 2008 CRIME NO.422 OF 2008 OF MANKARA POLICE STATION CRMP.3908/2008 of DISTRICT COURT, PALAKKAD PETITIONER/ACCUSED -------------------------------------- ABDUL RAHIMAN, S/O. ASSANAR, KALLANKADU HOUSE, MANKURUSSI, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7977 OF 2008 ------------------------------------------------------ Dated this the 19th 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.422 of 2008 of Mankara Police Station. 2. The offences alleged against the petitioner and other accused are under Sections 323, 324, 326 and 452 read with Section 34 of the Indian Penal Code. 3. The de facto complainant is the brother-in-law of the petitioner. When the Bail Application came up for consideration, the matter was referred to the Adalath. It was felt that presence of Khadeeja, sister of the petitioner, was also necessary before the Adalath. The parties appeared, but a settlement could not be arrived at. It is submitted that Khadeeja is now living separately from her husband, namely, the de facto complainant. 4. Taking into account the peculiar facts and circumstances of B.A. NO. 7977 OF 2008 :: 2 :: the 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 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/