IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 4785 of 2009 CRIME NO.140 OF 2009 OF BADIADKA POLICE STATION PETITIONER/ACCUSED -------------------------------------- SURESH N.V., S/O.LATE BAIRAN N.B, NALAMVATHUKKAL HOUSE, PO.BARE, PUTHUMA VILLAGE, HOSDURG TALUK. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4785 OF 2009 ------------------------------------------------------ Dated this the 22nd day of September, 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 accused in Crime No.140 of 2009 of Badiadka Police Station. 2. The offences alleged against the petitioner are under Sections 415, 418 and 420 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Court of the Judicial Magistrate of the First Class, Kasaragod. That complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The gist of the prosecution case is that after the marriage between the daughter of the de facto complainant and the accused was fixed, the accused person withdrew from the agreement and thereby the de facto complainant sustained huge loss. It also affected his reputation and reputation of his family. B.A. NO. 4785 OF 2009 :: 2 :: 5. 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 ahz/