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. 4446 of 2008 CRIME NO.476 OF 2008 OF THE THAMARASSERY POLICE STATION PETITIONER: ACCUSED NO.1: --------------------------------- MUHAMMAD, S/O.MOIDEEN HAJI, AGED 26 YEARS, PUTTENKUNNUMAL HOUSE, PULODE, ENGAPUZHA VILLAGE, PUDUPPADY, KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4446 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.476 of 2008 of Thamarassery Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. When the Bail Application came up for hearing, the matter was referred to the Adalath. The parties settled the disputes and differences between them. The Lok Adalath passed an order dated 5.8.2009. A perusal of the order shows that a sum of Rupees Two lakhs was agreed to be given to the de facto complainant. It is also seen that the marriage between the parties was divorced by pronouncing 'talaq'. 4. Taking into account the facts and circumstances of the case and also the settlement arrived at between the parties, it is only B.A. NO. 4446 OF 2008 :: 2 :: just and proper that the petitioner is granted anticipatory bail. 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/