IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2243 of 2008() ----------------------------- CRIME NO.154/08 OF KUNDARA POLICE STATION : PETITIONER/IST ACCUSED --------------------------------------- ANILAL.R., S/O.RAVEENDRAN, AJI BHAVANAM, EDAKKADAM P.O., EZHUKONE, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2243 of 2008 ------------------------------------- Dated this the 10th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused. He is the husband of the defacto complainant. The marriage took place on 12.09.05. The spouses are blessed with one child. From 16.12.07, the spouses were residing separately. The husband had allegedly assaulted the wife and the wife had suffered some injury also. Crime has been registered on the basis of a private complaint filed by the defacto complainant and referred by the learned Magistrate to the police under Section 156 (3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Because of the strain in the matrimony, vexatious and exaggerated allegations are being raised against the petitioner now, it is submitted. The victim has not suffered any serious injuries. In any view of the matter, in the interests of a harmonious settlement of the matrimonial dispute, the petitioner may be granted anticipatory bail. Arrest and B.A.No.2243 of 2008 2 incarceration of the petitioner is likely to mar the matrimonial tie beyond repair, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in these circumstances, that anticipatory bail can be granted to the petitioner. Appropriate conditions can, of course, be imposed in the interests of a fair, efficient and expeditious investigation. 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 17.04.2008. He shall be enlarged on regular bail on his executing 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 1 p.m on 18.04.2008 and 19.04.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer B.A.No.2243 of 2008 3 between 10 a.m and 12 noon on all Mondays and Fridays 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 17.04.08 as directed in clause (1) above, 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 17.04.08. (R.BASANT, JUDGE) rtr/-