IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3105 of 2009 CRIME NO.104 OF 2009 OF KUMBLA POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ SMT.LAKSHMI BHAT, D/O.LATE P.L.RAMAKRISHNA BHAT,H.NO.716-B, "MANASA",9TH D MAIN,4TH CROSS,R.P.LAYOUT, HAMPINAGAR,VIJAYANAGAR II STAGE,BANGALORE-40. BY ADV. SRI.SOJAN MICHEAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3105 OF 2009 ------------------------------------------------------ Dated this the 3rd July, 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 accused No.1 in Crime No.104 of 2009 of Kumbla Police Station. 2. The offences alleged against the petitioner are under Sections 406, 415, 418 and 420 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Court of the Judicial Magistrate of the First Class, Kasaragod, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The de facto complainant is the husband of the petitioner, who is the first accused in the case. The second accused is the brother of the petitioner. The allegations levelled against the petitioner are that she took away the gold ornaments, cash and other belongings and also some valuable documents. The petitioner also took the child from the school and went to Bangalore. The complaint would also disclose that the B.A. NO. 3105 OF 2009 :: 2 :: petitioner/wife has filed a petition for divorce and a petition against the husband (de facto complainant) before the Womens Commission and other authorities. 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 her on bail on her executing bond for Rs.50,000/- 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/