IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1296 of 2008() ----------------------------- CRIME NO.34/2005 OF MARAYOOR POLICE STATION : PETITIONER/ACCUSED NO.1 ---------------------------------------- V.N.A.S. CHANDRAN, AGED 66 YEARS, PANKAJAM HOUSE, 7 ROAD JUNCTION, MODAIKANAL, TAMIL NADU. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.A.Y.JAYARAN SRI.JAIJAMES RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1296 of 2008 ---------------------------------------- Dated this the 4th day of March 2008 O R D E R Application for anticipatory bail. The petitioner and his wife, both appear to be very affluent individuals. The de facto complainant, that is the petitioner's wife owns an estate in Munnar. The petitioner resides at Kodaikkanal. Their marriage took place on 03/06/1974. Three grown up children are there in the wedlock. The alleged incident relates to an occurrence on 26/1/2005. Complaint about that incident was filed before the Superintendent of Police on 30/3/2005. Though various allegations have been raised initially, at present only allegations under Sections 323 and 498A I.P.C survive for consideration. Investigation is in progress. The petitioner apprehend imminent arrest. 2. The only non-bailable offence alleged is the one punishable under Section 498A I.P.C. The learned counsel for the petitioner submits that even admittedly the petitioner and the de facto complainant share an estranged relationship and have been residing separately. About the specific incident which took place on 26/1/2005, complaint had been made only on 30/3/2005. This must itself arouse suspicion, submits the learned B.A.No.1296/08 2 counsel for the petitioner. The learned counsel for the petitioner, in these circumstances, prays that anticipatory bail may be granted to the petitioner subject to appropriate terms and conditions. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that in the facts and circumstances of this case State does not want to oppose the grant of anticipatory bail to the petitioner herein. Appropriate conditions may be imposed, it is prayed. 4. Having considered all the relevant circumstances, I am persuaded to agree that directions under Section 438 Cr.P.C can be issued in favour of the petitioner in the circumstances to which I have briefly referred above. 5. 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 15/03/2008. 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. B.A.No.1296/08 3 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 17/03/2008 and 18/03/2008. 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 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. (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 15/03/2008, 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 15/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1296/08 4 B.A.No.1296/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007