IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3256 of 2009() ----------------------------- CRIME NO.78/2009 OF MALAMPUZHA POLICE STATION PETITIONER/ ACCUSED NO.1: -------------------------------------------- SIRAJUDEEN THANGAL @ SYAD SIRAJUDEEN THANGAL, S/O. MUTHUKOYA THANGAL, PUTHIYANALIYEKKAL, BEHIND CIVIL STATION, PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, REPRESENTING STATOIN HOUSE OFFICER, MALAMPUZHA POLCE STATION, PALAKKAD. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3256 of 2009 ------------------------------------ Dated this the 17th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.78/2009 of Malampuzha Police Station. 2. The offence alleged against the petitioner is under Section 498 A of the Indian Penal Code. 3. The petitioner and other accused filed applications for anticipatory bail before the Court of Sessions, Palakkad Division. The learned Sessions Judge granted anticipatory bail in favour of the accused Nos. 2 to 4, but rejected the prayer made by the petitioner. 4. I have gone through the case diary. 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 B.A. No.3256/2009 2 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 alternate 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. 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 scm