IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 11 of 2008() --------------------------- CRMP.3149/2007 of ADDL. DISTRICT COURT (SPL.COURT), KOTTAYAM CRIME NO.380/2007 OF PAMPADY POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- ANIL KUMAR, S/O. C.S.RAJAN, KUPPATHANAM HOUSE, S.N.PURAM, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, PAMPADY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.11 of 2008 ---------------------------------------- Dated this the 17th day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations of matrimonial cruelty of the culpable variety under Section 498A I.P.C. The petitioner is the husband of the de facto complainant. The marriage has remained in force for a period of one decade. Two children aged about 8 years and 5 years have been born in the wedlock. It is alleged that under the influence of alcohol, the de facto complainant was assaulted by the petitioner. Investigation is in progress. The petitioner apprehends imminent arrest. The F.I.R was registered on the basis of a statement given by the victim to the police, who reached the hospital on receipt of intimation. 2. The learned counsel for the petitioner prays, 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. In coming to this conclusion, I take note of the fact that the marriage has remained for a period of about 10 years, that two young children have been born in the wedlock and that the victim has not B.A.No.11/08 2 suffered any serious external injury as a result of the alleged physical cruelty. I take note of the further reality that the arrest and incarceration of the petitioner is likely to mar all possibilities of a harmonious settlement of the matrimonial dispute. Appropriate conditions can of course be imposed. 3. 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 24/01/2008. 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 25/01/2008 and 28/01/2008. 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 B.A.No.11/08 3 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. (iv) If he were arrested prior to 24/01/2008, 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 24/01/2008. 4. The learned Public Prosecutor submits that there is a mistake shown in the crime number. Crime number in which the petitioner is required to be arrested is crime No.380/2007 and not 318/2007 as shown in the bail application. These directions have been issued in crime No.380/2007, I clarify. (R.BASANT, JUDGE) jsr B.A.No.11/08 4 B.A.No.11/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007