IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 9155 of 2011 CRIME NO.748 OF 2010 OF KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT. PETITIONER/ACCUSED NO.1: -------------------------------------- BIJU SAMUEL, S/O.SAMUEL, KULAMAVUNILKKUNNATHIL HOUSE, MUNDUKOTTAKKAL P.O., VETTIPURAM MURI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION (CRIME NO.748 OF 2010 OF KOIPURAM POLICE STATION), THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9155 OF 2011 ------------------------------------------------------ Dated this the 17th day of November, 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.748 of 2010 of Koipuram Police Station, Pathanamthitta District. 2. The offences alleged against the accused are under Sections 420, 406, 498A, 323 and 506(ii) of the Indian Penal Code. 3. The defacto 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. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BAIL APPL. NO. 9155 OF 2011 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 Rupees Ten thousand 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/