IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2220 of 2008() ----------------------------- CRIME NO. 95/08 OF SREEKARIYAM POLICE STATION .................... PETITIONER : 1ST ACCUSED ---------------------------- RAVEENDRAN NADAR, S/O.KUTTAN NADAR RESIDING AT VISHNU BHAVAN, KUNNIL LANE GANDHIPURAM, SREEKARIYAM P.O. THIRUVANAANTHAPURAM. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) SRI.B.S.SWATHY KUMAR SRI.BINDU SREEKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2220 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused in a crime registered alleging offences punishable, inter alia, under Sections 452, 324 and 379 I.P.C. The defacto complainant is the wife of the petitioner herein. Their marriage had taken place about 20 years back and it is submitted that they have two children of advanced age. The defacto complainant/ wife was working abroad. She had come back from her place of employment abroad. Some property was purchased and the spouses were residing in the house in that property. There was bickering in the matrimonial relationship. The husband allegedly had insisted that some property must be purchased in his name. This suggestion was not accepted by the wife. There were thus acrimony in the matrimony. The husband had allegedly left the common residence about two months prior to the date of the incident. He is alleged to have come back on the date of B.A.No. 2220 of 2008 2 occurrence i.e. on 12.3.2008, along with three other unknown persons. The miscreants were allegedly armed with dangerous weapons. They had trespassed into the house in which the wife was continuing to reside. They had allegedly attacked the wife and the son of the defacto complainant. Simple injuries were allegedly suffered. Some properties were also taken away from the house of the defacto complainant. The defacto complainant, in these circumstances, alleged that the petitioner has committed offences punishable under Section 452, 324 and 379 I.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. False, frivolous and vexatious allegations are being raised only because of the strain in the matrimony. In any view of the matter the petitioner does not deserve to suffer the trauma of arrest and detention. He shall co-operate with the Investigating Officer and abide by all conditions reasonably imposed on him by this Court, submits the counsel. 3. After discussions at the Bar and after taking instructions, the learned Prosecutor does not oppose the application. I am satisfied, in B.A.No. 2220 of 2008 3 the facts and circumstances, to which I have already made a brief reference, that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. In the absence of opposition it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 17.4.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.4.2008 and 19.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. B.A.No. 2220 of 2008 4 Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 17.4.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 17.4.2008. (R. BASANT) Judge tm