IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 233 of 2008() ---------------------------- CRIME NO. 392/07 OF CHERPULASSERY POLICE STATION PETITIONER/SOLE ACCUSED ---------------------------------------- YOUSUF, AGED 45 YEARS, S/O. MOHAMMED, CHERUKUNNU HOUSE, PADINJAREKULAMBU, KULATHOOR. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, CHERPULASSERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 233 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations under Section 498A I.P.C. Petitioner is the husband of the defacto complainant. The marriage took place on 9.11.2001. Two children have been born in the wedlock. The defacto complainant alleged that the petitioner is guilty of matrimonial cruelty of the culpable variety. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, I am satisfied. B.A.No. 233 of 2008 2 3. 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 23.1.2008 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 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 24.1.08 and 25.1.2008 and thereafter on all Mondays 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 B.A.No. 233 of 2008 3 on 23.1.08 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 23.1.2008 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 23.1.2008. (R. BASANT) Judge tm