IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 3913 of 2009 CRIME NO.711 OF 2009 OF ADOOR POLICE STATION CRMP.859/2009 of DISTRICT COURT, PATHANAMTHITTA PETITIONER: ACCUSED: ---------------------------- BINU P.RAJAN, AGED 35 YEARS, S/O.RAJAN, PHILIPS COTTAGE, MOONNALAM MURI, ADOOR TALUK. BY ADV. SRI. K.SHAJ SRI.L.RAJ MOHAN SRI.SAJJU.S RESPONDENT: STATE: ---------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3913 OF 2009 ------------------------------------------------------ Dated this the 29th 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 accused in Crime No.711 of 2009 of Adoor Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that the de facto complainant and the petitioner are living together now and that there is no dispute between them. 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 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 3913 OF 2009 :: 2 :: a) 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/