IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4576 of 2009() ----------------------------- CRIME NO.577/09 OF UDAYAMPEROOR POLICE STATION PETITIONER : ACCUSED ------------------------------------ SUNEESH K.K., S/O. KUNJAN, AGED 27, RESIDING AT THANNIKATTU HOUSE, SOUTH PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, UDAYAMPEROOR STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4576 of 2009 --------------------------------------------- Dated this the 18th day of August, 2009 ORDER 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.577 of 2009 of Udayamperoor Police Station. 2. The offences alleged against the petitioner are under Sections 498A and 323 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the court of the Additional Chief Judicial Magistrate, Ernakulam which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. The petitioner apprehends arrest. 4. Accused Nos.1 to 3 filed B.A.No.3914 of 2009 praying for the grant of anticipatory bail which was disposed of as per the order dated 17th July 2009 granting the relief under Section 438 of the Code of Criminal Procedure. BA No.4576/2009 2 5. I have perused the case diary. 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 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; 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 csl