IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 357 of 2008() ---------------------------- CRIME 844/07 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED ----------------------------------- GANGADHARA RAO, AGED 35 YEARS, S/O. ANANDA, 'KALPAVRIKSHA', KUDLU VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: RESPONDENT & STATE ------------------------------- STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 357 OF 2008 ```````````````````````````````````````````````````` Dated this the 22nd day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the husband of the de facto complainant. Their marriage took place on 4.4.07. Proceedings are pending before the matrimonial court for divorce. That petition is filed by the husband alleging fraud. Matrimonial cruelty of the culpable variety punishable under Section 498A IPC has been alleged against the petitioner. Crime has been registered on the basis of a private complaint filed by the complainant and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Investigation is pending. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted BA.357/08 : 2 : anticipatory bail subject to appropriate terms and conditions. In the absence of the opposition of the learned Public Prosecutor, it is not necessary to advert to the facts in any greater detail in this order. 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 29.1.08. 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 30.1.08 and 31.1.08. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the BA.357/08 : 3 : proper conduct of the investigation in this crime. Thereafter, they 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 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 29.1.08, 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 29.1.08. (R.BASANT, JUDGE) aks