IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5002 of 2009 CRIME NO.536 OF 2009 OF THRISSUR TOWN WEST POLICE STATION APPLICANT/ACCUSED NO.1 ------------------------------------------ MANOJ, AGED 35 YEARS, S/O.RAMAKRISHNAN, NELLIPARAMBIL HOUSE, UDAYANAGAR P.O., AYYANTHOLE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE S.I OF POLICE, THRISSUR TOWN WEST POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5002 OF 2009 ------------------------------------------------------ Dated this the 15th day of September, 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.536 of 2009 of Thrissur Town West Police Station. Though there were other accused in the case, their names were deleted subsequently. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Court of the Chief Judicial Magistrate, Thrissur, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The crime was accordingly registered. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the case diary. B.A. NO. 5002 OF 2009 :: 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 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 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/