IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1743 of 2010 CRIME NO.151 OF 2010 OF SAKTHIKULANGARA POLICE STATION, KOLLAM PETITIONER/IST ACCUSED ------------------------------------------ VIJAYAN, S/O.RAVEENDRAN, PARAVILATHU VEEDU, MELILA CHERRY, KUNNICODU, NOW RESIDING AT KAVANIYIL, THEKKATHIL, KAVANAD (PO), KOLLAM. BY ADV. SRI.B.CHANDRA LAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1743 OF 2010 ------------------------------------------------------ Dated this the 25th day of March, 2010 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.151 of 2010 of Sakthikulangara Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. The petitioner is the husband of the de facto complainant. Though the mother of the petitioner was also arrayed as an accused, she was later deleted from the array of accused. So also, though Sections 420 and 379 of the Indian Penal Code were also alleged against the petitioner, those Sections of offence were deleted. The de facto complainant had filed a complaint before the Court of the Judicial Magistrate of the First Class II, Kollam, which was forwarded B.A. NO.1743 OF 2010 :: 2 :: to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. 6. 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 Rs.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; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO.1743 OF 2010 :: 3 :: 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/