IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5782 of 2011 CRIME NO.276 OF 2011 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED -------------------------------------- K.SIVAPRASAD, S/O.KARUNAKARAN, MANGATTETHU HOUSE, ELIPPAKKULAM MURI, VALLIKKUNNAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.K.RAVEENDRAN SRI.P.K.ABDUL RAHIMAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VALLIKKUNNAM POLICE STATION, VALLIKKUNNAM, ALAPPUZHA DISTRICT-686001. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5782 OF 2011 ------------------------------------------------------ Dated this the 3rd day of August, 2011 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 sole accused in Crime No.276 of 2011 of the Vallikunnam Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. When the Bail Application came up for admission on 22nd July, 2011, the following order was passed: “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 the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 27th and 28th July, 2011. B.A. NO. 5782 OF 2011 :: 2 :: 5. Post on 3rd August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.276 of 2011 of the Vallikunnam Police Station, till 3rd August, 2011.” 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 22nd July, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 22nd July, 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, 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: B.A. NO. 5782 OF 2011 :: 3 :: 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/