IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 Bail Appl..No. 6209 of 2009() ----------------------------- CRIME NO.289/2009 OF VANDANMEDU POLICE STATION PETITIONERS (S): ACCUSED: ---------------------------- 1. M.NIDHI, THAMARAKULATHU, KADUKKA CITY, PULIYAMBALAM P.O. 2. M.KARUPPA SWAMY, RESIDING AT DO, DO. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.289 OF 2009 OF VANDANMEDU POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6209 of 2009 --------------------------------------------- Dated this the 5th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 1 respectively in Crime No.289 of 2009 of Vandanmedu Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 323 and 326 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am not inclined to grant anticipatory bail to the first accused (Karuppa Swamy – second petitioner). However, it is to be noticed that there is no allegation of any overt act done by the second accused (Nidhi – first petitioner). Therefore, I am inclined to grant anticipatory bail to Nidhi, the first petitioner. There will be a direction that in the event of the arrest of BA No.6209/2009 2 the first petitioner (second accused), the officer in charge of the police station shall release her on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months; b) The first petitioner shall appear before the investigating officer for interrogation as and when required; c) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The first 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 in so far as it relates to the first petitioner (Nidhi – second accused) and it is dismissed in so far as it relates to the second petitioner (first accused-Karuppa Swamy). K.T.SANKARAN, JUDGE csl