IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6921 of 2011() ----------------------------- CRIME NO.857/11 OF HOSDURG POLICE STATION, KASARGOD PETITIONER/ACCUSED ----------------------------- H.CHANDRAKANTH, AGED 36 YEARS, S/O.VASUDEVA RAO, ANIL NIVAS, NEAR CATHOLIC CHURCH, T.B. ROAD, KANHANGAD, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6921 of 2011 --------------------------- Dated this the 2nd day of September, 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 accused No.1 in Crime No.857 of 2011 of Hosdurg Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. The petitioner is the husband of the de facto complainant's daughter. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the peculiar facts and circumstances of the case, the nature of the offence and other BA 6921/2011 2 circumstances, I am of the view that anticipatory bail can be granted to the petitioner on stringent conditions and on appearance of the petitioner before the investigating officer on two days for interrogation. 6. The Bail Application is disposed of as follows : The petitioner shall appear before the investigating officer on 15th and 16th September, 2011 between 9 A.M. and 11 A.M. On such appearance, or on a later point of time, if the petitioner is arrested in connection with the crime, he shall be released 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 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 ; BA 6921/2011 3 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. If the petitioner fails to comply with the direction to appear before the investigating officer on 15th and 16th September 2011, this order for anticipatory bail will have no force and effect. If the petitioner fails to appear before the investigating officer on the aforesaid dates, a notice shall be issued to the petitioner under Section 160 of the Code of Criminal Procedure. K.T.SANKARAN JUDGE csl