IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2678 of 2009() -------------------------------------- CRIME NO.283/2009 OF KATTAPPANA POLICE STATION PETITIONERS: -------------------- 1. MANOJ KUMAR A.S,S/O.SANKARANKUTTY, ANCHAPAYIL HOUSE,VETTANKUDY P.O, KATTAPPANA. 2. SANKARANKUTTY,S/O.NARAYANANKUTTY, S/O.NARAYANAN,ANCHAPRAYIL HOUSE, VELLAYANKUDY P.O,KATTAPPANA. BY ADV. SRI.C.K.VIDYASAGAR RESPONDENTS : ----------------------- 1. THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KATTAPPANA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2678 of 2009 ------------------------------------ Dated this the 26th day of May, 2009 O R D E R This is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioners are accused in Crime No.283/2009 of Kattappana Police Station. 2. The offence alleged against the petitioners is under section 498 A of the Indian Penal Code. 3. The learned counsel for the petitioner pointed out that on a petition filed by the first petitioner before the SNDP Yogam, the defacto complainant in the present case had given a statement on 13/11/2008, in which most of the allegations made in the complaint are not put forward. The counsel also points out that on behalf of the first petitioner, Annexure A3 lawyer notice was issued on 21/4/2009 to the defacto complainant requesting for filing a joint petition for divorce and compliant was filed on 28/04/2009 after receipt of the notice. 4. 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 petitioners. There will be a direction that in the event of the arrest of the B.A. No.2678/2009 2 petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their 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 petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Sundays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. F) 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