IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 6881 of 2011() ----------------------------- CRIME NO.371/2011 OF KODANADU POLICE STATION PETITIONER:ACCUSED -------------------- THANKAPPAN,AGED 55 YEARS,S/O.LATE EASWARA PILLAI, PALLATH VEEDU,CHERANALLOOR P.O, THOTTUVA,ERNAKULAM DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. DEVAKI AMMA,AGED 80 YEARS, W/O.LATE PARAMESWARAN NAIR, PALLATH VEEDU,CHERNALLOOR P.O, THOTTUVA,ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6881 of 2011 ---------------------------------------------- Dated this the 17th day of October, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.371 of 2011 of Kodanadu Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 326 of the Indian Penal Code. 3. When the Bail Application came up for admission on 04/10/2011, the following order was passed: “3. The victim is the mother in law of the petitioner, who is impleaded as the second respondent in the Bail Application. Advocate Sri.P.P.Biju appears for the second respondent. It is submitted by the learned counsel for the petitioner and the learned counsel for the second respondent that the disputes between the victim and the petitioner were settled. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before Bail Appln.No.6881/2011 : 2 : the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 12th October, 2011. 5. Post on 17.10.2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.371 of 2011 of Kodanadu Police Station, till 19.10.2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 04/10/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 04/10/2011 has been complied with by the petitioner, 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, Bail Appln.No.6881/2011 : 3 : the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) 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 skj