IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2104 of 2008() ----------------------------- CRIME NO.245/07 OF TOWN POLICE STATION, KOZHIKODE. .................... PETITIONER : ACCUSED: ------------------------- NOUSHAD.O., S/O.MUHAMMED @ BAPPU, ORIYAPPAD HOUSE, KARIMANGALAM AMSOM DESOM, CHIRAMMAL, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SMT.T.V.NEEMA RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE S.H.O TOWN POLICE STATION, KOZHIKODE) BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2104 of 2008 ------------------------------------------------- Dated this the 7th day of April, 2008 ORDER Application for anticipatory bail. The petitioner is the husband of the de facto complainant. The marriage took place on 3/3/05. The spouses are not blessed with any children so far. Matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC is alleged against the petitioner. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Fanciful and exaggerated allegations are being raised by the de facto complainant on account of the strain in the matrimonial tie. Attempts are afoot to settle the matter harmoniously. Arrest and incarceration of the petitioner is likely to mar all possibility of B.A. No. 2104 of 2008 -: 2 :- harmonious settlement of the matrimonial dispute. Subject to any appropriate conditions that this Court may choose to impose the petitioner may be granted anticipatory bail. Vexatious rrest and incarceration may be avoided. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor points out that the victim is shown to have suffered injuries as a result of the assault by the petitioner using belt. The wound certificate has been placed before me for my perusal. I have perused the same. The allegations do appear to be serious. But all the same, in the interests of harmonious settlement, I am satisfied that directions under Sec.438 of the Cr.P.C. can be issued in favour of the petitioner. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 15/4/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- 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. B.A. No. 2104 of 2008 -: 3 :- and 5 p.m. on 16/4/08 and 17/5/08. During this period the Investigator 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 appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, he shall so make himself available for interrogation before the Investigating Officer 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 these directions were not issued at all. (iv) If the petitioner were arrested prior to his surrender on 15/4/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 15/4/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 2104 of 2008 -: 4 :-