IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 903 of 2008() ---------------------------- CRIME NO.44/2008 OF MATTANNUR POLICE STATION .................... : PETITIONER/1ST ACCUSED: ---------------------------------------- P.K. MUHAMMED ALI, S/O. YUSUF, AGED 30 YEARS, BURKKATH HOUSE, MANAKKAI P.O., KAYANI. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O.,MATTANNUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.903 of 2008 ---------------------------------------- Dated this the 15th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the de facto complainant. Their marriage took place only on 06/01/2008 and the parties are already before courts and police station. It is alleged that the petitioner was guilty of matrimonial cruelty against his young wife. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Mal-adjustments in the recent wedding and psychiatric ailments have prompted the de facto complainant to make reckless allegations against the petitioner. The petitioner may be granted anticipatory bail subject to any appropriate conditions, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.903/08 2 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 22/02/2008. He 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 3 p.m on 23/02/2008 and 24/02/2008. 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 the petitioner shall so appear on all Mondays and Fridays between 10 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. (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. B.A.No.903/08 3 (iv) If he were arrested prior to 22/02/2008, 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 22/02/2008. (R.BASANT, JUDGE) jsr B.A.No.903/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007