IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2194 of 2008() ----------------------------- CRIME NO.34/2005 OF MARAYOOR POLICE STATION PETITIONER/ACCUSED NO.2: ----------------------------------------- ALEXANDER @ ALEX, AGED 48 YEARS, S/O. JOHNSON, NO.22/51(C), PANKAJEM HOUSE, KODAIKANAL, TAMIL NADU. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2194 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. Altogether there are three accused persons. The principal accused is the first accused, who is the husband of the defacto complainant. Crime is registered alleging offences punishable, inter alia, under Sections 498A and 323 I.P.C. All other offences are bailable. The only offence punishable under Section 498A I.P.C. is non-bailable. The first accused has already been granted anticipatory bail. The learned counsel for the petitioner submits that as against the petitioner, who is not related to the first accused, there can be no valid allegation under Section 498A I.P.C. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. It is seen that the first accused B.A.No. 2194 of 2008 2 has already been granted anticipatory bail, subject to conditions as per order dt. 4.3.2008 in B.A. 1296 of 2008. As agreed, anticipatory bail can be granted to the petitioner herein also subject to identical conditions as were imposed on the first accused. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 16.4.2008 at 11 a.m. The learned Magistrate shall release the petitioner 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 17.4.2008 and 18.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all B.A.No. 2194 of 2008 3 necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 16.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 16.4.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 16.4.2008. (R. BASANT) Judge tm