IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 879 of 2010 CRIME NO.430 OF 2009 OF ENATHU POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.2: -------------------------------------------- RAJU THOMAS, AGED 29 YEARS, S/O.THOMAS PADMANABHAN, THEKKEKARA VEEDU, ENATHU P.O., PATHANAMTHITTA. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, ENATHU, PATHANAMTHITTA. 2. THE STATE REPRESENTED BY THE PUBLIC PROSECUTOR, PATHANAMTHITTA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 879 OF 2010 ------------------------------------------------------ Dated this the 18th day of February, 2010 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.430 of 2009 of Enathu Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 498A 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 Sessions Court, Pathanamthitta as per the order dated 12.1.2010. However, the prayer for anticipatory bail made by the petitioner was rejected by the same order. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the B.A. NO. 879 OF 2010 :: 2 :: case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. 6. 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months; 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; 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/