IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1354 of 2008() ----------------------------------------- (CRIME NO.95/2008 OF VATANAPPILLY POLICE STATION) PETITIONER/ACCUSED: ----------------------------------- AHAMMEDUNNI, AGED 39 YEARS, S/O. MUHAMMED, PANIKAVEETTIL HOUSE, P.O.VATANAPILLY, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT: STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- B.A.No.1354 of 2008 ---------------------------------------- Dated this the 6th day of March 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. Altogether there are three accused persons. The co- accused have already been granted anticipatory bail by the Sessions Court. Petitioner faces allegations under Section 498A I.P.C. Marriage between the spouses took place on 17/12/2006. This is the second marriage of both the spouses. The spouses have not been blessed with any children in the wedlock. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. B.A.No.1354/08 2 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 12/03/2008. 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 13/03/2008 and 14/03/2008. 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 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 B.A.No.1354/08 3 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 12/03/2008, 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 12/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1354/08 4 B.A.No.1354/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007