IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6128 of 2011() ----------------------------- (CRIME NO.771 OF 2011 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM DT) PETITIONER/ACCUSED --------------------------- ANANDAVALLY AMMA,D/O.KAMAKSHY AMMA, AGE 57,ASWATHY BHAVAN,KARUMAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SMT.NIMA JACOB SRI.V.S.THOSHIN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,NEMOM,REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6128 OF 2011 --------------------------------- Dated this the 11th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.771 of 2011 of the Nemom Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 135 (1)(e) of the Electricity Act. 3. When the Bail Application came up for admission on 2nd August, 2011, the following order was passed: “3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to B.A.No.6128 OF 2011 2 the petitioner to appear before the investigating officer on 6th and 7th August, 2011. 5. Post on 11th August, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.771 of 2011 of the Nemom Police Station, till 11th August, 2011. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 2nd August, 2011 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 2nd August, 2011 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the B.A.No.6128 OF 2011 3 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. cms