IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Bail Appl..No. 5103 of 2011() --------------------------------- CRIME NO. 34/2011 of GALIVEEDU POLICE STATION, KADAPPA, ANDHRA PRADESH PETITIONER/ ACCUSED NOS. 1 AND 2:- -------------------------------------------- 1. NIKHIL B. THOMAS, THALAYANAPRAMBIL HOUSE, VALANJAVATTAM P.O., THIRUVALLA. 2. LISSY THOMAS, -DO- BY ADV. SRI.T.P.PRADEEP RESPONDENT/ COMPLAINANT:- ------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, PULIKEEZHU, PATHANAMTHITTA DISTRICT – 689 645. 3. SUB INSPECTOR OF POLICE, GALIVEEDU POLICE STATION, KADAPPA DISTRICT, ANDHRA PRADESH – 517 415. ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------- Bail Appln. No. 5103 of 2011 -------------------------------------------------- Dated this the 24th day of June, 2011. ORDER Petitioners, who are accused Nos.1 and 2 in Crime No. 34 of 2011 of Galiveedu Police Station, Kadappa District, Andhra Pradesh for offences punishable under Sections 498A and 34 I.P.C., seek anticipatory bail. 2. All the petitioners are residing within the limits of the Pulikeezhu Police Station, Pathanamthitta District in the State of Kerala and they apprehend arrest and harassment within the territorial limits of this Court. In the light of the decision reported in Madhusoodan Vs. Superintendent of Police 1992(2) KLT 83, in case the accused persons are apprehending arrest within the State of Kerala by the concerned police in Kerala pursuant to a warrant of arrest issued by a court situated outside Kerala, the accused can be directed to be released on bail with a further direction to appear before the court which has issued the warrant of arrest. Admittedly the present case is in the crime stage. In case the petitioners are arrested by the Pulikeezhu police, Pathanamthitta District on a requisition by the Galiveedu Police Station, Kadappa District, Andhra Pradesh, they shall be released on bail on each of the petitioners executing a bond for `15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for the like amount to the satisfaction of the arresting Police officer and subject to the following conditions:- B.A. No. 5103/2011 : 2: 1. The petitioners shall surrender before the Galiveedu Police Station, Andhra Pradesh District, within two months from the date of arrest for the purpose of interrogation and production before the Magistrate concerned for being dealt with in accordance with law with regard to the application for regular bail to be filed by them. 2. The petitioners shall not influence or intimidate the prosecution witnesses including the complainant nor shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall not commit any offence while on bail. 4. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. In case the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled and the petitioners shall be liable to be arrested and handed over to the Pulikeezhu Police Station, Pathanamthitta District. This petition is disposed of as above. Dated this the 24th day of June, 2011. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.