IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3540 of 2011() ----------------------------- CRIME NO.491/07 OF AMBALAPUZHA POLICE STATION PETITIONER/ACCUSED -------------------------------------- SAJI, AGED 48 YEARS, S/O RAVEENDRAN, THOTTAPALLI KARIYIL HOUSE, PURACKAD, ALAPPUZHA DISTRICT. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA BY THE SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ----------------------------- B.A.No.3540 of 2011 ------------------------------ Dated this the 20th day of May, 2011 ORDER Petitioner is the first accused in Crime No.491 of 2007 of Ambalapuzha Police Station. It was registered under Section 498(A) read with Section 34 IPC. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 3. It is stated that the petitioner was abroad. The crime was registered in 2007. He did not appear in court or before the police so far. 4. Considering all these aspects, I am not inclined to grant anticipatory bail at this stage, but the following directions can be issued. The petitioner may surrender before the Magistrate within one month from today. If the B.A.No.3540/2011 2 Magistrate is satisfied to the reason for his absence and he is inclined to grant bail, it shall be on the following further conditions: i. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. ii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iii. The accused and the sureties shall not leave the jurisdiction of the court concerned without the prior permission of the learned Magistrate. B.A.No.3540/2011 3 iv. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. v. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE csl