IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1919 of 2008() ----------------------------- CRIME NO.86/08 OF KADUTHURUTHY POLICE STATION : PETITIONER/ACCUSED ----------------------------------- ARUN KUMAR.S., S/O.SREEDHARAN, SREENILAYAM, POOZHIKOL P.O. APANCHIRA KADUTHURUTHY, KOTTAYAM. BY ADV. SRI.B.PREMOD RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1919 of 2008 ------------------------------------- Dated this the 1st day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the husband of the defacto complainant. He faces allegations of matrimonial cruelty punishable under Section 498 A I.P.C. 2. The marriage took place on 17.04.05. The spouses are blessed with one child. Crime has been registered on the basis of a private complaint filed by the defacto complainant before the Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the petitioner is innocent. There is strain in the matrimony and such strain is prompting the defacto complainant to make reckless allegations against the petitioner. Arrest and incarceration of the petitioner is likely to mar all possibilities of harmonious settlement of the matrimonial disputes. The victim has not suffered any injury also, submits the learned counsel for the petitioner. B.A.No.1919 of 2008 2 4. The learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of the case. that the petitioner can be granted anticipatory bail subject of course to appropriate terms and conditions. 5. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 08.04.2008. He shall be enlarged on regular bail on his executing 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 3 p.m on 09.04.2008 and 10.04.2008 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month. Subsequently the petitioner shall 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 B.A.No.1919 of 2008 3 arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 08.04.08 as directed in clause (1) above, 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 08.04.08. (R.BASANT, JUDGE) rtr/-