IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7822 of 2007(A) ------------------------------ CRIME NO.422/07 OF THRITHALA POLICE STATION PETITIONER : 1ST ACCUSED: ----------------------------- ABOOBACKER, S/O.MOIDEENKUTTY, AGED 33 YEARS, KIZHAKKEKARA VALAPPIL VEEDU, MALAMAKKAVU POST, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.7822 of 2007 ------------------------------------- Dated this the 2nd day of January, 2008 ORDER Application for anticipatory bail. Petitioner is the husband of the defacto complainant. The marriage took place on 04.07.04. One child has been born in the wedlock. The defacto complainant is now pregnant also. The defacto complainant alleges that her husband, the petitioner, has been guilty of matrimonial cruelty of the culpable variety against her. On 20.11.07, she was allegedly assaulted. She was taken back to her house by her brother and admitted in a hospital. Slight pain is the injury/complaint noted by the doctor. 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 in the facts and circumstances of this case that the petitioner can be granted anticipatory bail. In coming to this conclusion, the reality that arrest and incarceration of the petitioner is likely to mar the matrimonial tie beyond repair does weigh with me. Appropriate conditions can of course be imposed. B.A.No.7822 of 2007 2 3. In the result, the 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 09.01.2008. 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 3 p.m on 10.01.2008 and 11.01.2008 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer 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; B.A.No.7822 of 2007 3 iv) If the petitioner were arrested prior to his surrender on 09.01.08 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 09.01.08. (R.BASANT, JUDGE) rtr/-