IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3660 of 2009() --------------------------------------- CRIME NO.48/2009 OF KOORACHUNDU POLICE STATION, KOZHIKODE PETITIONER/1ST ACCUSED: ------------------------------------------- T.P.BIJU, S/O.BALAN NAIR @ BALASAMI, AGED 27 YEARS, `SIVANANDA', CHAKAKALAYIL, KOTTOOR AMSOM, NARAYAKULAM DESOM OF QUILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT/ COMPLAINANT: --------------------------------------------- THE STATION HOUSE OFFICER, KOORACHUNDU POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3660 of 2009 ------------------------------------ Dated this the 7th day of July, 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 1st accused in Crime No.48/2009 of Koorachundu Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Section 498 A and 406 read with Section 34 of the Indian Penal Code 3. It is submitted that accused Nos.2 and 3 were granted anticipatory bail by the Court of Sessions, Kozhikode Division in Crl.M.C. No.801/2009 on 19/06/2009. 4. I have perused the case diary. 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 for a period of one month on his executing bond for B.A. No. 3660 /2009 Page numbers Rs.25,000/- 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 surrender his passport, if any, before the Judicial Magistrate of the First Class-I, Perambra or if there is no passport, the petitioner shall file an affidavit to that effect. D) The petitioner shall not leave the territorial limits of the police station without permission of the learned Magistrate. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail or even before that period. F) 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 scm