IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1100 of 2008(S) ------------------------------ CRIME NO. 119/08 OF PATHANAMTHITTA POLICE STATION PETITIONER:/ACCUSED ---------------------------- SURESH KUMAR, S/O.GANGADHARAN, VELLARAMURUPPEL HOUSE, PUTHIPPADU, THAZHAM MURI, MALAYALPUZHA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1100 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the defacto complainant. He faces allegations in a crime registered under Section 498A I.P.C. The marriage took place on 16.9.2000. The spouses have not been blessed with any children. The defacto complainant had lodged an F.I. statement alleging matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. against the petitioner. Crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Because of the strain in the matrimony fanciful and vexatious allegations are being raised against the petitioner. The defacto complainant's sister has now got married to a police Head Constable. Making use of the influence he has in the police, false and vexatious allegations are now being raised against the petitioner. He is willing to abide by any conditions. B.A.No. 1100 of 2008 2 He may be saved of the undeserved trauma of arrest and detention. 3. The learned Prosecutor does not oppose the application. He reports that the defacto complainant had not suffered any injury as a result of the alleged cruelty. Appropriate conditions may be imposed to ensure the interests of a fair, efficient and expeditious investigation, submits the Prosecutor. 4. I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 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 3.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for B.A.No. 1100 of 2008 3 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 4.2.2008 and 5.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 3.3..08 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 3.3.2008 as directed in clause (1) above, he shall be released on bail B.A.No. 1100 of 2008 4 on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 3.3.2008. (R. BASANT) Judge tm