IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1335 of 2008() ----------------------------- CRIME 196/07 OF WADAKKANCHERY POLICE STATION PETITIONER/IST ACCUSED --------------------------------------- RAJEEV, AGED 32 YEARS, S/O.SANKARAN, KAIPPAMANGALATH HOUSE, VELLANCHIRA, CHALAKUDY - 680 307. BY ADV. SMT.JEENA JOSEPH RESPONDENTS: COMPLAINANT - STATE -------------------------------- C.I. OF POLICE, WADAKKANCHERY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1335 OF 2008 B ```````````````````````````````````````````````````` Dated this the 19th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused. His marriage with the deceased took place on 28.1.07. Within one month he went abroad. His wife was left here. She committed suicide on 16.5.07. She left a suicide note in which no specific allegation whatsoever is raised against the petitioner. In the course of investigation, allegations have been raised under sections 498A and 306 IPC against the petitioner also. He has been arrayed as the first accused, his mother is the 2nd accused. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner is employed abroad. He apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. There is not even a semblance of allegation that he has been guilty of any BA.1335/08 : 2 : matrimonial cruelty against his wife, the deceased. In these circumstances, notwithstanding the fact that cognizance has already been taken by the learned Magistrate and the committal proceedings is pending, the petitioner may be granted anticipatory bail invoking the dictum in Bharat Chaudhary and another Vs. State of Bihar [AIR 2003 SC 4662], it is prayed. 3. There can be no doubt that even when the apprehended arrest is in the execution of a coercive process issued by a court after taking cognizance, the powers under section 438 Cr.p.C. can in an appropriate case be invoked. The learned counsel for the petitioner strenuously argued that in the total absence of a scintilla of materials against the petitioner, it would be harsh to compel him to undergo incarceration even for a moment if it was as per the direction of the court. It is prayed that anticipatory bail may be granted to the petitioner. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor has been heard. The learned BA.1335/08 : 3 : Public Prosecutor was directed specifically to point out the Court circumstances, if any, available in the records to suggest the complicity of the petitioner. 5. The learned Public Prosecutor vehemently concedes that his efforts have not helped to locate any specific allegations of contumacious conduct against the petitioner. The learned Public Prosecutor, in these circumstances, submits that the State has no objection against grant of anticipatory bail in favour of the petitioner herein. 6. I am satisfied, in these circumstances, that anticipatory bail can be granted to the petitioner. 7. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 26.3.2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) BA.1335/08 : 4 : 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 27.3.2008 and thereafter, he shall so appear 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 he were arrested prior to 26.3.2008, 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 26.3.2008. (R.BASANT, JUDGE) aks