IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2071 of 2008() ----------------------------- CRIME NO.170/08 OF KONNI POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ RAGHUVARAN, AGED 54 YEARS, PUTHUMANDIRATH, KALLELI P.O., KONNI. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE: ------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.170/08 OF KONNI POLICE STATION BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2071 of 2008 ------------------------------------- Dated this the 4th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 2nd accused. Altogether there are 3 accused persons. 1st accused is the son of the petitioner and the 3rd accused is his wife. The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Sections 420 and 406 I.P.C. The crux of the allegations against the petitioner is that there was an agreement on 16.09.04 with the 1st accused to marry the daughter of the defacto complainant. Ring exchange ceremony was also allegedly performed. In pursuance of such agreement, gold and cash were received by the 1st accused. The agreement was that the marriage shall take place within a period of one year. That period has elapsed. The marriage did not take place. Demand of return of the money is also not accepted. The 1st accused is employed in the Gulf. The 3rd accused has already been arrested and enlarged on bail. The petitioner apprehends imminent arrest. B.A.No.2071 of 2008 2 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, to which I have already made brief reference above, that the petitioner can now 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 11.04.2008. 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; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 15.04.2008 and 16.04.2008. 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 3 p.m on all Mondays and Fridays for a B.A.No.2071 of 2008 3 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 11.04.08 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 11.04.08. (R.BASANT, JUDGE) rtr/-