IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9093 of 2011() ----------------------------- CRIME NO.481/2011 OF KORATTI POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.SOUNDERRAJAN,52 NORTH STREET, YETHAPUR POST,ATTUR TALUK,SALAM DISTRICT, TAMIL NADU. BY ADV. SRI.D.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No. 9093 OF 2011 --------------------------------- Dated this the 29th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.481 of 2011 of Koratti Police Station,Thrissur District. 2. The offences alleged against the petitioner are under Sections 494, 498A and 420 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 17th November, 2011, the following order was passed: “3. It is alleged by the de facto complainant that the petitioner married her suppressing the fact that he had contracted another marriage earlier. It is further alleged that the petitioner is now married to another women. Some other allegations are also made against the petitioner. B.A.No. 9093 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 23rd and 24th of November 2011. 6. Post on 29/11/2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No. 481 of 2011 of Koratti Police Station, till 02/12/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer. “ 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 17th November, 2011 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 17th November, 2011 B.A.No. 9093 OF 2011 3 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 him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) 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 Sundays, till the final report is filed or until further orders; 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 9093 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms