IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2678 of 2008() ------------------------------------------ (CRIME NO.303/2008 OF KASARAGOD POLICE STATION) PETITIONER: ACCUSED: ------------------------------------- ABDULLA @ MALABARI ABDULLA (A1), LATE MOHAMMED KUNHI, NEAR A.K.G.CENTRE, VIDYANAGAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: COMPLAINANT; ----------------------------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ B.A.No.2678 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the husband of the defacto complainant. Marriage took place on 26.03.2000. The spouses are blessed with one child. Crime has been registered alleging the offence punishable under Section 498 A I.P.C on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 06.05.2008. He shall be enlarged on regular bail on his executing 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; B.A.No.2678 of 2008 2 ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 07.05.2008 and 08.05.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 06.05.08 as directed in clause (1) above, 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 06.05.08. (R.BASANT, JUDGE) rtr/-