IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5838 of 2011() ----------------------------- CRIME NO.1063/2011 OF KUNDARA POLICE STATION PETITIONER/ACCUSED ----------------------------- SHINU, AGED 28 YEARS, S/O.ALOSIOUS, A.V.S.COTTAGE, PERAYAM CHERRY, MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5838 of 2011 --------------------------- Dated this the 26th 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.1063 of 2011 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 323, 354, 427 and 452 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. It is submitted that Crime No.1052 of 2011 was registered against Prem Kumar, the husband of the de facto complainant in the present case, for the offences under Sections 324 and 326 of the Indian Penal Code. In that case, Prem Kumar filed B.A.No.5504 of 2011 in which this Court BA 5838/2011 2 passed an order dated 18th July, 2011 directing Prem Kumar to appear before the investigating officer on 23.7.2011 and 24.7.2011. Prem Kumar having complied with that order, anticipatory bail was granted to him as per the order dated 26.7.2011. 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 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 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 . BA 5838/2011 3 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 csl