IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4096 of 2009() ----------------------------------------- CRIME NO.534/2009 OF VARKALA POLICE STATION. PETITIONER/ACCUSED: -------------------------------------- GIRISH KUMAR, S/O. GOPALAN, G.G. LAND, MELVETTOOR, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT/STATE : ------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4096 of 2009 ------------------------------------ Dated this the 31st day of July, 2009 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.534/2009 of Varkala Police Station. 2. The offences alleged against the petitioner are under Sections 498 A and 307 of the Indian Penal Code. 3. The marriage between the petitioner and the defacto complainant was solemnised in 1993 and two children were born in that wedlock. It is stated that the petitioner is employed abroad and that the defacto complainant and children are residing in his house. According to the petitioner, after he came back to Kerala on 15/06/2009, he issued a cheque for Rs.15,000/- to his wife on 16/06/2009, and it was encashed by her. The petitioner states that on 18/06/2009, she filed a complaint under the Protection of Women from Domestic Violence Act against the petitioner and B.A. No.4096 / 2009 Page numbers a protection order was issued thereon. On 25/06/2009, a complaint was filed before the court of Judicial Magistrate of the First Class-III, Varkala, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the present crime was registered against the petitioner. 4. I have gone through the Case Diary. 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. 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 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. B.A. No.4096 / 2009 Page numbers C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. 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 scm