IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8032 of 2011() ----------------------------- CRIME NO.782/2011 OF MATTANNUR POLICE STATION KANNUR PETITIONER/ACCUSED -------------------------------------- P.C.K.MUHAMMED, PCK MANZIL, PERIYATHIL, ULIYIL, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION.670 001. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8032 of 2011 ---------------------------------------------- Dated this the 02nd day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.782 of 2011 of Mattannur Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 341, 406, 498A and 376 of the Indian Penal Code. 3. When the Bail Application came up for admission on 22/11/2011, the following order was passed: “3. The de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The allegations made against the petitioner are the following: The petitioner is a land broker. He helped the de facto complainant to sell an item of property for a sum of `1,75,000/-. After sale, the amount was taken by the petitioner. Later, the Bail Appln.No.8032/2011 : 2 : petitioner promised to assign an extent of 25 cents of land to the de facto complainant. In January 2009, the de facto complainant was taken by the petitioner to the said plot. On that day, she was subjected to forceful sex by the petitioner. Later, he married the de facto complainant. The relationship between the petitioner and the de facto complainant became strained and he started demanding money and gold. The de facto complainant was constrained to file M.C.No.3 of 2010 before the Court of the Judicial Magistrate of the First Class, Mattannur. In the objections in the said proceeding, the petitioner denied the marriage between him and the de facto complainant. At that juncture, the de facto complainant filed a complaint before the Magistrate's Court alleging the aforesaid offences. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 27th and 28th November, 2011. Bail Appln.No.8032/2011 : 3 : 7. Post on 2nd December, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.782 of 2011 of Mattannur Police Station, till 7th December, 2011. 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 22/11/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 22/11/2011 has been complied 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 the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- Bail Appln.No.8032/2011 : 4 : a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) 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 skj