IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1686 of 2008() ----------------------------- CRIME NO. 109/08 OF ANCHALUMMOODU POLICE STATION PETITIONER/2ND ACCUSED: ---------------------------------------- SREEKALA, THAIKKUTTATHIL, KOTTAKADU, MUKUNDAPURAM P.O. CHAVARA, KOLLAM. BY ADV. SRI.K.N.ABHILASH 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 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1686 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is the second accused. A co-worker of hers in the office is the first accused. He is the husband of the defacto complainant. There is some strain in the matrimony between the defacto complainant and the first accused. Allegations are raised that the petitioner is guilty of matrimonial cruelty of the culpable variety against the defacto complainant in collusion with the first accused. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. False and vexatious allegations are being raised against the petitioner by the wife of the first accused with no bonafides at all. In any view of the matter, the petitioner, who is not related to the husband of the defacto complainant, may not be vexed and forced to endure the trauma of arrest and detention, submits the counsel. B.A.No. 1686 of 2008 2 3. Notice was given to the learned Prosecutor. The learned Prosecutor does not oppose the application. It is pointed out that the first accused has already been granted anticipatory bail. Section 498A I.P.C. is the only non-bailable offence alleged in the crime, it is further submitted. 4. Having considered all the relevant inputs, I am satisfied that appropriate directions, subject to appropriate conditions, can be issued under Section 438 Cr.P.C. in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 5. 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 25.3.2008 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 B.A.No. 1686 of 2008 3 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 26.3.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 25.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 25.3.2008 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 25.3.2008. (R. BASANT) Judge tm