IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1928 of 2008() ----------------------------- CRIME NO.239/2008 OF ADOOR POLICE STATION : PETITIONER/ACCUSED ------------------------ SULAIMAN @ RAJAN, ALIF MANZIL EZHUMKULAM VILLAGE, ADOOR. BY ADV. SRI.D.KISHORE RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE ADOOR POLICE STATION, ADOOR. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1928 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the de facto complainant. He faces allegations under Section 498A I.P.C. Marriage took place on 07/05/1995. Spouses are blessed with two children aged about 12 years and 10 years. Crime has been registered on the basis of a complaint made by the victim/de facto complainant to the medical officer about an assault. No serious injury has been suffered by the victim. Earlier also there were matrimonial disputes between the parties, the same was settled and they have resumed co- habitation. Investigation is in progress. 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 anticipatory bail subject to appropriate terms and conditions. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.1928/08 2 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 02/04/2008. 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 03/04/2008 and 04/04/2008. 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 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 02/04/2008, 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 02/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1928/08 3 B.A.No.1928/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007