IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8051 of 2011() ----------------------------- CRIME NO.591/11 OF PAVARATTY POLICE STATION, THRISSUR PETITIONER : ACCUSED ------------------------------ SHERLY DEVASSY, AGED 35 YEARS, VADAKKUTT HOUSE, ELAVALLY SOUTH, CHITTATTUKARA P.O., THRISSUR DISTRICT-680 511. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE SUB INSPECTOR OF P0LICE, PAVARATTY POLICE STATION, PAVARATTY P.O., THRISSUR DISTRICT-680 507. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8051 of 2011 --------------------------- Dated this the 24th day of October, 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 the accused in Crime No.591 of 2011 of Pavaratty Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 409 and 420 of the Indian Penal Code. 3. When the Bail Application came up for admission on 13.10.2011, the following order was passed : “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. 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 BA No.8051/2011 2 the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th and 19th October, 2011. 5. Post on 24th October, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.591 of 2011 of Pavaratty Police Station, till 28th October, 2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 13.10.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 13.10.2011 has been BA No.8051/2011 3 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 arrest of the petitioner, the officer in charge of the police station shall release her on bail on her 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 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 csl