IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 447 of 2010 CRIME NO.42 OF 2010 OF PERUMBAVOOR POLICE STATION, ERNAKULAM PETITIONER: ACCUSED NO.4: ------------------------------ NAZAR, AGED 40 YEARS,S/O.MOIDEEN RESIDING AT KOKKADAN HOUSE THANDEKADU, VENGOLA, PERUMBAVOOR. BY ADV. SRI.GEO PAUL DR.K.P.SATHEESAN SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR. SRI.A.S.NASIR ALI SRI.M.B.SANDEEP SRI.K.V.REJANISH RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, PERUMBAVOOR POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 447 OF 2010 ------------------------------------------------------ Dated this the 4th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.42 of 2010 of Perumbavoor Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 498A, 341, 323, 294(b), 506(ii), 427 and 188 read with Section 34 of the Indian Penal Code. 3. It is submitted that the petitioner is not a relative of the husband of the de facto complainant and, therefore, he would not come within the ambit of the offence under Section 498A of the Indian Penal Code. The counsel also submitted that all other offences are bailable. The learned Public Prosecutor submitted that the allegations levelled against the petitioner herein are not very serious. B.A. NO. 447 OF 2010 :: 2 :: 4. In the manner in which I propose to dispose of the Bail Application, I do not think it is necessary to decide the contention put forward by the petitioner. To decide that question, it is necessary to hear the de facto complainant as well, and she must be afforded an opportunity to produce such materials and evidence as she may desire to produce. However, taking into account the facts and circumstances of the case and also the submissions made by the learned Public Prosecutor, I am of the view that anticipatory bail can be granted to the petitioner. 5. 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.10,000/- 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; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 447 OF 2010 :: 3 :: 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 ahz/