IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7609 of 2009() ----------------------------- CRIME NO.1165/2009 OF MUNAMBAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- ANTHAPPAN, AGED 44 YEARS, S/O.ROCHY, PANACHIKKAL HOUSE, CHERAI KARA, PALLIPURAM VILLAGE. BY ADV. SRI.P.T.SEBASTIAN TOMY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, MUNAMBAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7609 of 2009 --------------------------------------------- Dated this the 21st day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1165 of 2009 of Munambam Police Station. 2. The offences alleged against the petitioner are under Sections 498A, 435 and 436 of the Indian Penal Code. 3. The prosecution case is that on 4.11.2009, the petitioner came to his house after consuming alcohol, picked up quarrel with his wife and children and abused them and when the wife and children left the house, the petitioner set fire to the house. The house was completely destroyed. The petitioner was arrested on 5.11.2009. Though he moved applications before the Sessions Court for bail, those applications were dismissed. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. BA No.7609/2009 2 The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, North Paravur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 enter into the limits of Munambam Police Station for a period of two months except for complying with conditions (a) & (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl