IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 120 of 2008() ---------------------------- CRIME NO.540/2007 OF KADAKKAL POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ SURESH, S/O. KRISHNANKUTTY, AGED 32 YEARS, THADATHARIKATHUVEEDU, EYYAKKODU KUNNIL VILLAGE. BY ADV. SRI.AJAYA KUMAR. G RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.120 of 2008 ---------------------------------------- Dated this the 18th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the de facto complainant. The marriage took place on 09/11/2002. The spouses are blessed with two children. Matrimonial cruelty of the culpable variety has been alleged against the petitioner by the de facto complainant. The alleged incident of assault on the de facto complainant by the petitioner took place on 21/12/2007. She was admitted to the hospital. After her discharge from the hospital, she went to the police station and gave a statement, on the basis of which, F.I.R has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail. In coming to this conclusion I take note of the fact that arrest and detention of the petitioner is likely to mar all possibilities of harmonious reconciliation of the matrimonial tie. I do further take note of B.A.No.120/08 2 the submission of the learned Public Prosecutor that the alleged victim has suffered no external injuries also. 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 25/01/2008. 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 28/01/2008 and 29/01/2008. 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 10 a.m and 12 noon for a period of two months and subsequently B.A.No.120/08 3 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 25/01/2008, 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 25/01/2008. (R.BASANT, JUDGE) jsr B.A.No.120/08 4 B.A.No.120/08 5 R.BASANT, J. CRL.M.CNo. ORDER B.A.No.120/08 6 21ST DAY OF MAY2007