IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5323 of 2011() ----------------------------- CRIME NO.616/2011 OF VIYYUR POLICE STATION, THRISSUR APPLICANT (S): ACCUSED ------------------------------- DR.A.C.VELAYUDHAN AGED 61 YEARS, S/O.A.C.CHOZHIKUTTY, ALUNGAL HOUSE, PALLATH LANE WEST, POONKUNNAM PO, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SRI.M.REVIKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE S.I.OF POLICE STATION, VIYYUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5323 of 2011 --------------------------- Dated this the 22nd day of July, 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 accused in Crime No.616 of 2011 of Viyyur Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 376 and 506(i) of the Indian Penal Code. 3. When the Bail Application came up for admission on 13.7.2011, the following order was passed : “3. The allegation against the petitioner is that while the de facto complainant was working as a house maid and later as an attender in the hospital run by the petitioner, she was sexually abused by the petitioner for the last several years and in that relationship a daughter was born. BA 5323/2011 2 4. The learned counsel for the petitioner submitted that the daughter of the de facto complainant sent Annexure A notice dated 5.12.2008 directing the petitioner to declare that she is the daughter of the petitioner. The petitioner sent Annexure B reply. It is submitted that from 2008 onwards the de facto complainant and her daughter are indulged in harassing the petitioner by all means. 5. 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 at 10 A.M. on 19th and 20th July, 2011. 6. Post on 22nd July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.516 of 2011 of Viyyur Police Station, till 25th July, 2011. The petitioner shall produce a copy of this BA 5323/2011 3 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 13.7.2011 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 13.7.2011 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 arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, till the final report is filed or until further orders; BA 5323/2011 4 B) 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 csl