IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 51 of 2010() --------------------------- CRIME NO.991/09 OF KADACKAL POLICE STATION, KOLLAM DISTRICT PETITIONERS (S): ACCUSED 1 TO 3 -------------------------------------------------- 1. JAIN KUMAR,S/O.BALAKRISHNAN,AGED 40, SHIBU VILASOM,KARACKAT DESOM,KUTTINADU, KADACKAL VILLATGE,KOTTARAKARA. 2. BALAKRISHNAN,AGED 65 YEARS, SHIBU VILASOM,KARACKAT DESOM,KUTTINADU, KADACKAL VILLATGE,KOTTARAKARA. 3. SAROJINI,W/O.BALAKRISHNAN, SHIBU VILASOM,KARACKAT DESOM,KUTTINADU, KADACKAL VILLATGE,KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.51 of 2010 --------------------------------------------- Dated this the 13th day of January, 2010 ORDER Apprehending arrest on an accusation of having committed offence under Section 498A in Crime No.991 of 2009 of Kadackal Police Station, Kollam, the petitioners have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned Public Prosecutor submitted that petitioners 2 and 3 were deleted from the array of accused and the first petitioner is the sole accused in the case at present. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. 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 first petitioner. There will be a direction that in the event of the arrest of the first petitioner, the officer in charge of the police station BA No.51/2010 2 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 first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The first petitioner shall appear before the investigating officer for interrogation as and when required; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The first 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 in so far as it relates to the first petitioner. The Bail Application is closed in so far as it relates to petitioners 2 and 3 as they were deleted from the array of accused. K.T.SANKARAN, JUDGE csl