IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3447 of 2009()
1. P.J. JAYAKUMAR @ KANNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.PRATHEESH.P
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3447 of 2009
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Dated this the 26th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the accused in Crime
No.670 of 2009 of Adoor Police Station.
2. The offences alleged against the petitioner are under
Sections 498A, 324 and 427 of the Indian Penal Code.
3. The defacto complainant is the wife of the petitioner. She
has filed a petition before the police alleging that the petitioner
committed the aforesaid offences. The petitioner states that the
allegations made against him are false. According to the petitioner,
the defacto complainant developed an extramarital relationship with
one Reji. The petitioner has produced Annexure I, a copy of OP(HMA)
No.253 of 2009, filed by Deepa and others against Reji and Anitha.
Anitha is the defacto complainant in the present case. In Annexure I,
Deepa has alleged that Reji and the defacto complainant in the present
case are having illicit relationship.
4. Taking into account the facts and circumstances of the case,
the nature of the offence and other circumstances, I am of the view
BA No. 3447 /2009 2
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.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;
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