IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3258 of 2011() ----------------------------------------- CRIME NO.436/2011 OF CHADAYAMANGALAM POLICE STATION. CMP.1122/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA .................... PETITIONERS -------------------- 1. NASEER, KUNNATHU THUNDUVILA VEEDU, KARALIKONAM MURI, ILAMADU VILLAGE, KOTTARAKKARA. 2. ABOOSA BEEVI, KUNNATHU THUNDUVILA VEEDU, KARALIKONAM MURI, ILAMADU VILLAGE, KOTTARAKKARA. BY ADV. SRI.SYAM J SAM RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.3258 of 2011 ------------------------------------------------ Dated this the 6th day of May, 2011 ORDER In this Petition filed under Section 438 Cr.P.C. the petitioners who are the accused in Crime No.436 of 2011 of Chadayamangalam Police Station for an offence punishable under Section 498-A I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor submitted that the first petitioner is the sole accused in the case and the second petitioner who was initially arrayed as second accused has since been deleted. If so, the apprehension of arrest and harassment entertained by the second petitioner is unfounded and the application so far as it relates to the second petitioner is dismissed. 3. After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930), I am inclined to grant anticipatory bail to the first petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release first petitioner on bail in the event of his arrest in connection with the above case on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction Bail Appln.No.3258/2011 -:2:- of the said officer and subject to the following conditions:- 1. The first petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The first petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The first petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The first petitioner shall not commit any offence while on bail. 5. The bail granted pursuant to this order shall be in force till the end of the trial of the case unless and until it is cancelled by this Court in accordance with paragraph 103 of the verdict in Siddharam Satlingappa Mhetre's case (supra). If the first petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 6th day of May, 2011. V.RAMKUMAR, JUDGE. skj