IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH SEPTEMBER 2007 / 13TH BHADRA 1929 Bail Appl..No. 5291 of 2007() ----------------------------- CRIME NO. 785/07 OF KARUNAGAPPALLY POLICE STATION PETITIONER ----------------- R.VINOD PADMAVILASOM, KOTTAKKUPURAM, CLAPPANA P.O., KARUNAGAPPALLY. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR, POLICE STATION, KARUNAGAPPALLY. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5291 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2007 O R D E R Application for anticipatory bail. The petitioner apprehends arrest on the allegation that he has committed offences punishable, inter alia, under Section 498A I.P.C. against his wife. The marriage took place on 11.6.2003. The couple are blessed with a child, aged 3 years now. There is strain in the matrimony. Crime has been registered on the basis of a complaint filed by the wife of the petitioner before the police. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. There is strain in the marital tie and on account of such strain, fanciful, false and exaggerated allegations are being made against the petitioner. The allegations are raised with vexatious intent. The petitioner may be saved of the undeserved trauma of arrest and incarceration in prison, submits the learned counsel. B.A.No. 5291 of 2007 2 3. The learned Prosecutor does not oppose the application. He only submits that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. I find merit in the stand taken by the learned Prosecutor. I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. Arrest and incarceration of the petitioner is likely to mar all possibilities of reconciliation of marital relationship. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner. 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 10.9.2007 at 11 a.m. The learned Magistrate shall release the petitioner 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 11.9.07, and 12.9.2007 and thereafter on all Mondays and Fridays between 10 B.A.No. 5291 of 2007 3 a.m. and 12 noon for a period of two months 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 10.9.07 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 10.9.2007 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 10.9.2007. (R. BASANT) Judge tm