IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Bail Appl..No. 4303 of 2009() ----------------------------- CRIME NO.139/09 OF RAMAPURAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- BENNY K.S., KALACHALIL HOUSE, METHIRI KARA, RAMAPURAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENT(S): RESPONDENT ---------------------------------------------- CIRCLE INSPECTOR OF POLICE, RAMAPURAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4303 of 2009 --------------------------------------------- Dated this the 5th day of August, 2009 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.139 of 2009 of Ramapuram Police Station. 2. The offences alleged against the petitioner are under Sections 452, 354, 323, 325 and 427 of the Indian Penal Code. 3. The prosecution case is that on 9.7.2009, the petitioner trespassed into the house of the defacto complainant and beat her several times alleging that she is a woman of ill repute and stating that because of her activities, she had brought bad name to the family. The petitioner is a distant relative of the defacto complainant. The defacto complainant sustained grievous injuries. 4. The petitioner has a different story to tell. The case of the petitioner is that the defacto complainant trespassed into the house and created scenes. There was a scuffle and in that scuffle, the defacto complainant sustained some injuries. It is BA No.4303/2009 2 stated that the petitioner's marriage was on 1.6.2009, while the incident occurred on 9.7.2009. Learned counsel also submitted that the defacto complainant was not very happy with the petitioner after his marriage. 5. It is not necessary to arrive at any finding as to the different versions while disposing of this Bail Application. 6. Taking into account the facts and circumstances of the case, the relationship between the parties, the nature of the injuries 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; BA No.4303/2009 3 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