IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5399 of 2011() ----------------------------- CRIME No.800 OF 2011 OF KALAMASSERY POLICE STATION ------------------------ PETITIONER/ACCUSED :- ------------------------------------- E.S.SHAMSHUDIN @ SHAMSHUDIN HAJI, ERACHANVEETTIL HOUSE, VENKITANGU DESOM, VENKITANGU P.O., PRESENTLY WORKING AND RESIDING AT POST BOX NO.8250, AJMAN, U.A.E. BY ADV. SRI.R.GOPAN RESPONDENT(S)/COMPLAINANTS :- --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, PIN – 682 027. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A.No.5399 OF 2011 --------------------------------- Dated this the 28th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No. 800 of 2011 of the Kalamassery Police Station. 2. The offence alleged against the petitioner is under Sections 498A and 465 of the Indian Penal Code. 3. The prosecution case is that the petitioner meted out cruelty to the defacto complainant, the first wife of the petitioner. It is also alleged that the petitioner forged the marriage certificate of his second wife and obtained a visa. 4. When the Bail Application came up for admission on 11th July, 2011, the following order was passed: B.A.No.5399 OF 2011 2 “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th and 19th July, 2011. 5. Post on 22nd July, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.800 of 2011 of the Kalamassery Police Station, till 22nd July, 2011. The petitioner shall produce a copy of this order before the investigating officer.” 5. On an application made by the petitioner, time for appearance before the investigating officer was extended to 23rd and 24th July, 2011. 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 21st July, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the B.A.No.5399 OF 2011 3 case, the nature of the offence and also taking note of the fact that the direction in the order dated 21st July, 2011 has been complied with by the petitioner, 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 him on bail on his executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on 3rd and 10th of August, 2011; b) The petitioner shall furnish his correct address and his business address abroad; c) The petitioner shall also provide all the necessary details of his passport to the investigating officer. d) The petitioner shall appear before the investigating officer for interrogation as and when required; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A.No.5399 OF 2011 4 g) 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. cms B.A.No.5399 OF 2011 5 K.T.SANKARAN, J. --------------------------------- B.A.No.5399 OF 2011 --------------------------------- Dated this the 11th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No. 800 of 2011 of the Kalamassery Police Station. 2. The offence alleged against the petitioner is under Sections 498A and 465 of the Indian Penal Code. 3. The prosecution case is that the petitioner meted out cruelty to the defacto complainant, the first wife of the petitioner. It is also alleged that the petitioner forged the marriage certificate of his second wife and obtained a visa. 4. Taking into account the facts and circumstances of the B.A.No.5399 OF 2011 6 case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th and 19th July, 2011. 5. Post on 22nd July, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.800 of 2011 of the Kalamassery Police Station, till 22nd July, 2011. The petitioner shall produce a copy of this order before the investigating officer. K.T.SANKARAN, JUDGE. cms B.A.No.5399 OF 2011 7