IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1823 of 2008() ----------------------------- CRIME 182/08 OF NORTH PARUR POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- C.B.BINEESH, AGED 22, CHEMBAKASSERY HOUSE, KODUNGALLUR, RESIDING AT THE HOUSE OF CHANDRAN, C.MADHAVAN ROAD, PALLITHAZHAM, MANNAM P.O., NORTH PARUR. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: COMPLAINANT AND FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, NORTH PARUR POLICE STATION. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1823 OF 2008 C ```````````````````````````````````````````````````` Dated this the 24th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner, a young man aged about 22 years, faces allegations as the first accused in a crime registered for offences punishable under the Dowry Prohibition Act. He was allegedly in love with a girl elder to him. There was allegedly an agreement between the young lovers to get married. His parents evidently dissuaded him from entering such a matrimony. At the eleventh hour he allegedly backed out from the agreement. Allegations have been made and crime has been registered against the petitioner/son and his father. The allegation is that the backing out of the petitioner from the agreement to marry is consequent to disagreement on the amount payable as dowry. The father had approached this Court with an application for anticipatory bail and by order dated 12.3.08 in BA.1823/08 : 2 : BA.1307/08 he was granted anticipatory bail subject to conditions. The petitioner now apprehends imminent arrest. He prays that directions under section 438 Cr.P.C. may be issued in his favour also. The learned counsel for the petitioner submits that it was not a case of the marriage not taking place on account of any dispute regarding dowry. Better counsel appears to have prevailed and the calf love did not mature into serious matrimony, it is submitted. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner herein can also be granted anticipatory bail subject to identical conditions as were imposed on the father of the petitioner. 3. 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 31.3.2008. He BA.1823/08 : 3 : 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 5 p.m on 1.4.08 and 2.4.2008. 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 in this crime. Thereafter, he shall appear before the investigating officer on all Mondays between 5 p.m. and 6 p.m. for a period of one month 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 BA.1823/08 : 4 : law, as if these directions were not issued at all. (iv) If he were arrested prior to 31.3.2008, 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 31.3.2008. (R.BASANT, JUDGE) aks