IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6298 of 2009() ----------------------------------------- CRIME NO.656/2009 OF GANDHI NAGAR POLICE STATION, KOTTAYAM. PETITIONER/ACCUSED NO.3: -------------------------------------------- SHYAM.K.SEBASTIAN, 33 YEARS OF AGE, S/O.K.A.SEBASTIAN, KONATHUKALATHIL, THELLAKOM P.O., KOTTAYAM. BY ADV. SRI.IMTHIYAZ AHAMED SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENT/COMPLAINANT: --------------------------------------------- SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6298 of 2009 ------------------------------------ Dated this the 17th day of November, 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 third accused in Crime No. 656/2009 of Gandhi Nagar Police Station, Kottayam. 2. The offences alleged against the petitioner are under Sections 498A, 354, 328 and 506 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 03/11/2009, the following order was passed: “It is submitted by the learned counsel for the petitioner that the disputes between the de facto complainant and her husband (first accused) were settled and they have agreed to file a joint petition for divorce. The petitioner is a friend of the first accused. In the facts and circumstances of the case, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 10th and 11th B.A. No. 6298 /2009 2 November, 2009. Post on 17/11/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 656 of 2009 of Gandi Nagar Police Station, Kottayam.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 3/11/2009. 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.10,000/- 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 alternate Mondays, till the final report is filed or until further orders; B.A. No. 6298 /2009 3 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