IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Bail Appl..No. 4796 of 2009() ------------------------------------------ (CRIME NO.441/2009 OF HOSDURG POLICE STATION,KASARGOD DIST.) PETITIONER/ACCUSED 1 & 2: -------------------------------------------- 1. P.T.FRANCIS, AGED 50 YEARS,S/O.P.T.THOMAS,RESIDING AT JYOTHIS, PERIYATTADUKKA,PANAYAL POST,HOSDURG TALUK, KASARGOD DISTRICT. 2. DAISAMMA,W/O.P.T.FRANCIS, RESIDING AT JYOTHIS,PERIYATTADUKKA, PANAYAL POST,HOSDURG TALUK,KASARGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): STATE: ---------------------------------------- THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 4796 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of August, 2009 O R D E R Petitioners are the accused in Crime No.441 of 2009 of Hosdurg Police Station registered on a private complaint, which was sent for investigation under section 156(3) of the Code of Criminal Procedure. This petition is filed for anticipatory bail apprehending arrest. 2. Learned counsel appearing for petitioners and learned Public Prosecutor are heard. 3. Learned counsel for the petitioners submitted that the dispute between petitioners and de facto complainant are purely civil in nature and in such circumstances, in the event of arrest, petitioners may be released on bail. 4. Learned Public Prosecutor submitted that second petitioner was deleted from the array of the accused and therefore, there is no basis for the apprehension of arrest expressed by second petitioner. It is also submitted that custodial interrogation of first petitioner is not necessary and in such BA 4796/09 2 circumstances, there is no objection for granting anticipatory bail to first petitioner on sufficient conditions. 5. As second petitioner is now not an accused, there is no basis for the apprehension of her arrest. Hence, recording the submission of learned Public Prosecutor that second petitioner is removed from the array of the accused, her claim for anticipatory bail is dismissed. 6. First petitioner is granted anticipatory bail on conditions as follows:- In the event of arrest of first petitioner in Crime No.441 of 2009 of Hosdurg Police station, he shall be released on bail on his executing a bond for Rs.10,000/- to the satisfaction of the Investigating Officer on the following conditions:- 1) First petitioner shall appear before the Investigating Officer between 10 a.m. and 12 a.m. on every Tuesday for one month and, thereafter, as and when directed by the Investigating Officer. 2) He shall not influence or threaten or induce any witness from disclosing facts known to him to the Investigating Officer. BA 4796/09 3 3) He shall not leave India without prior permission of the learned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. mn.