Vijayan vs State Of Kerala on 25 March, 2010

Kerala High Court
Vijayan vs State Of Kerala on 25 March, 2010




Bail Appl..No. 1743 of 2010()

                      ...  Petitioner


                       ...       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.

                      B.A. NO. 1743 OF 2010


            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


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

:: 2 ::

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

:: 3 ::

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.


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