IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 447 of 2010()
1. NAZAR, AGED 40 YEARS,S/O.MOIDEEN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 447 OF 2010
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Dated this the 4th day of February, 2010
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is accused No.4 in
Crime No.42 of 2010 of Perumbavoor Police Station, Ernakulam
District.
2. The offences alleged against the petitioner are under
Sections 498A, 341, 323, 294(b), 506(ii), 427 and 188 read with
Section 34 of the Indian Penal Code.
3. It is submitted that the petitioner is not a relative of the
husband of the de facto complainant and, therefore, he would not
come within the ambit of the offence under Section 498A of the
Indian Penal Code. The counsel also submitted that all other
offences are bailable. The learned Public Prosecutor submitted that
the allegations levelled against the petitioner herein are not very
serious.
B.A. NO. 447 OF 2010
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4. In the manner in which I propose to dispose of the Bail
Application, I do not think it is necessary to decide the contention put
forward by the petitioner. To decide that question, it is necessary to
hear the de facto complainant as well, and she must be afforded an
opportunity to produce such materials and evidence as she may
desire to produce. However, taking into account the facts and
circumstances of the case and also the submissions made by the
learned Public Prosecutor, I am of the view that anticipatory bail can
be granted to the petitioner.
5. 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 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;
c) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
B.A. NO. 447 OF 2010
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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
ahz/