IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1743 of 2010()
1. VIJAYAN, S/O.RAVEENDRAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.B.CHANDRA LAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1743 OF 2010
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Dated this the 25th day of March, 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 the accused in
Crime No.151 of 2010 of Sakthikulangara Police Station, Kollam
District.
2. The offence alleged against the petitioner is under Section
498A of the Indian Penal Code.
3. The petitioner is the husband of the de facto complainant.
Though the mother of the petitioner was also arrayed as an accused,
she was later deleted from the array of accused. So also, though
Sections 420 and 379 of the Indian Penal Code were also alleged
against the petitioner, those Sections of offence were deleted. The
de facto complainant had filed a complaint before the Court of the
Judicial Magistrate of the First Class II, Kollam, which was forwarded
B.A. NO.1743 OF 2010
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to the police for investigation under Section 156(3) of the Code of
Criminal Procedure. Accordingly, the crime was registered.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioner.
6. 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.1743 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/
