IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 1003 of 2009(S) ------------------------------ CRIME NO.18/2009 OF SULTHAN BATHERY POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ SURESH BABU, S/O. APPU , AGED 32 YEARS, CHAKKUMKAREN HOUSE, KADALAMADU P.O., THOMATTUCHAL VILLAGE, S. BATTERY TALUK, WAYANAD DISTRICT, NOW WORKING AND RESIDING AT QUARTERS OF RAJIV GANDHI MEMORIAL RESIDENTIAL HIGH SCHOOL, KALLOOR, NOOLPUZHA. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, S. BATTERY POLICE STATION, WAYANAD DISTIRCT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.1003 of 2009 ---------------------------- Dated this the 7th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused No.1 in Crime No.18 of 2009 of Sulthan Bathery Police Station. 2. The offences alleged against the petitioner are under Sections 403, 406, 498A and 109 read with Section 34 of the Indian Penal Code. 3. The petitioner is the husband of the defacto complainant. Accused Nos.2 and 3 are the mother-in-law and brother-in-law of the defacto complainant. Criminal Miscellaneous Petition No.327 of 2009 was filed by the accused persons before the Sessions Court, Kalpetta, for anticipatory bail. As per the order dated 10th February 2009, anticipatory bail was granted in favour of the accused Nos.2 and 3 and the prayer for anticipatory bail made by the petitioner was rejected. 4. I have perused the case diary. 5. The defacto complainant is a police constable. The petitioner is stated to be a cook in a Government High School. It is submitted by the learned counsel for the petitioner that if the BA No.1003/2009 2 petitioner is arrested, he will be harassed and humiliated by the police. 6. 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 him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 csl