IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Bail Appl..No. 5302 of 2009() ----------------------------- CRIME NO.293/2009 OF YEROOR POLICE STATION .................... PETITIONER (S): 2ND ACCUSED: -------------------------------- SARAMMA, W/O.JOHNY, KIZHAKKATHIL VEEDU VENKODE, CHANNAPPETTA. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, (CRIME NO.293/2009, SUB INSPECTOR OF POLICE, YEROOR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5302 of 2009 --------------------------------------------- Dated this the 24th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.293 of 2009 of Yeroor Police Station. 2. The offence alleged against the petitioner is under Section 304 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 10.11.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 14th November, 2009. Post on 19.11.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime BA No.5302/2009 2 No.293 of 2009 of Yeroor Police Station. The petitioner shall produce copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 10.11.2009 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 9.11.2009 has been complied with by the petitioner, 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 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 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; BA No.5302/2009 3 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 csl