IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8134 of 2007() ----------------------------- CRIME 832/07 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED. ------------------------------------ SHAUKATHALI, S/O. ABDULLA, RAHMATH NAGAR, 4TH MILE, CHENGALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8134 OF 2007 D ```````````````````````````````````````````````````` Dated this the 8th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the 2nd accused in a crime registered for offences punishable, inter alia, under Sections 420 and 120 B IPC. The de facto complainant is the wife of the first accused. The petitioner(2nd accused) is allegedly a marriage broker. The crux of the allegations is that the marriage between the de facto complainant and the 1st accused was solemnised on 15.2.04. The petitioner had acted as a broker for the said marriage. The fact that the 1st accused had already married and had children in such earlier marriage was allegedly suppressed and the marriage ceremony was performed in suppression of that crucial fact. It is alleged that the petitioner herein, in collusion with the 1st accused and others, was guilty of such fraudulent suppression of the vital detail. 2. After the marriage on 15.2.04, the 1st accused and BA.8134/07 : 2 : the de facto complainant had lived together as husband and wife. A child was also born in the said wedlock. Long later, the present complaint has been raised in a private complaint filed before the learned Magistrate which was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner is not guilty of any wilful suppression of any relevant fact. The spouses had lived together happily and a child has already been born in the wedlock. Because of some strain in their matrimony, false allegations are raised and the petitioner is unnecessarily dragged into the controversy. Any appropriate conditions may be imposed and the petitioner may be saved of the undeserved trauma of arrest and incarceration, it is prayed. 4. The learned Public Prosecutor does not oppose the BA.8134/07 : 3 : application and I am satisfied in the facts and circumstances of the case that the petitioner can be granted anticipatory bail subject to appropriate conditions which shall ensure the interests of a fair and expeditious investigation. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 15.1.08. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 16.1.08 and 17.1.08 and thereafter on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed BA.8134/07 : 4 : by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 15.1.08, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 15.1.08. (R.BASANT, JUDGE) aks