IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 103 of 2010() ---------------------------- CRIME NO.1364/09 OF KUNNAMKULAM POLICE STATION PETITIONER (S): ACCUSED NO.2 ------------------------------------------------- ALICE, W/O. THOMAS, CHERUVATHOOR HOUSE, P.O. THOZHIYOOR, KUNNAMKULAM , THRISSUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): --------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, REPRESENTING THE STATION HOUSE OFFICE, KUNNAMKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.103 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1364 of 2009 of Kunnamkulam Police Station. 2. The offence alleged against the petitioner is under Section 376 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 14.1.2010, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 19th and 20th January, 2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 22nd January, 2010. It is submitted by the learned Public BA No.103/2010 2 Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.1364 of 2009 of Kunnamkulam Police Station, Thrissur District.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 14.1.2010 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 14.1.2010 has been complied with by the petitioner, 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 her on bail on her 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; BA No.103/2010 3 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