IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 7867 of 2007() ----------------------------- CRIME 715/07 OF KAYAMKULAM POLICE STATION PETITIONER/IST ACCUSED --------------------------------------- SURESH KUMAR, KAKKATTUPADEETHATHIL HOUSE, KAPPIL EAST, KRISHNAPURAM P.O., KAYAMKULAM. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7867 OF 2007 A ```````````````````````````````````````````````````` Dated this the 4th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the husband of the de facto complainant. Marriage took place on 27.9.05. One child has been born in the wedlock. There is strain in the matrimonial relationship. The petitioner faces allegations of matrimonial cruelty of the culpable variety punishable under Section 498A IPC. Crime has been registered on the basis of a private complaint filed by the de facto complainant and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. Because of the strain in the matrimony, false and exaggerated allegations are being raised against the petitioner. He may be saved of the trauma of arrest and incarceration, submits the learned counsel for the petitioner. BA.7867/07 : 2 : 3. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail. In the absence of opposition from the learned Public Prosecutor, it is not necessary to advert to the facts in any greater detail in this order. 4. 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 11.1.2008. 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 14.1.08 and 15.1.2008 and thereafter on all BA.7867/07 : 3 : Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioner 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 11.1.2008, 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 11.1.2008. (R.BASANT, JUDGE) aks