IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2218 of 2008() ----------------------------- CRIME 102/08 OF NILESHWAR POLICE STATION PETITIONER/IST ACCUSED --------------------------------------- SUKUMARAN, S/O.KUNHAMBU NAIR, KANATHUR, MULIYAR. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: STATE ------------------ THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2218 OF 2008 F ```````````````````````````````````````````````````` Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations as the 1st accused in a crime registered alleging offences punishable, inter alia, under section 365 read with 34 IPC. The crux of the allegations is that the petitioner, along with the co-accused, had abducted the wife of the petitioner on 24.3.08 with oblique motive. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has not committed any offence. He has no disputes with his wife. According to the petitioner, the father-in-law of the petitioner has initiated vexatious legal proceedings. Matrimonial disputes between the spouses were before the matrimonial courts. The wife left her father and has joined the petitioner. Unable to tolerate that conduct of the wife of the petitioner, her father has raised false allegations, submits the learned counsel for the petitioner. BA.2218/08 : 2 : 3. The learned Public Prosecutor submits that the wife has not been questioned and her statement has not been recorded yet. The learned Public Prosecutor submits that the State has no objection against the grant of anticipatory bail subject to appropriate conditions. I am satisfied, in the facts and circumstances of the case, that anticipatory bail can be granted to the petitioner. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 4. 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 16.4.2008. 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 BA.2218/08 : 3 : interrogation before the investigating officer between 10 a.m and 3 p.m on 17.4.2008 and 18.4.2008. 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, he shall so appear 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 16.4.2008, 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 16.4.2008. (R.BASANT, JUDGE) aks