IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 7746 of 2007() ----------------------------- CRIME NO. 244/07 OF KATHIROOR POLICE STATION PETITIONER ----------------- P.A. MUHAMMED ASLAM, AGED 29 YEARS, S/O.FAKHEER MUHAMMED,PUTHUKKUDI HOUSE, (ERATHAN KANDY), KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA, SOUTH INDIA. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KATHIROOR POLICE STATION, THALASSERY, THORUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7746 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the defacto complainant. He faces allegations of matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. The learned counsel for the petitioner submits and the learned Prosecutor, after taking instructions, endorses that submission that the parties have settled their disputes on certain terms. The learned Prosecutor, in these circumstances, submits that the State has no objection against the grant of anticipatory bail to the petitioner herein. The co- accused have already been granted anticipatory bail by this Court. I am, in these circumstances, satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner, subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. B.A.No. 7746 of 2007 2 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 17.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner 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) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.1.08 and 19.1.2008 and thereafter 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse B.A.No. 7746 of 2007 3 on 17.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 17.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 17.1.2008. (R. BASANT) Judge tm B.A.No. 7746 of 2007 4 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 7746 & 7777 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2007 O R D E R The learned counsel for the petitioners submits that the matrimonial disputes between the spouses have now been settled comprehensively yesterday and in these circumstances it is not necessary to continue with the proceedings. The learned Prosecutor prays tor time to take instructions, but undertakes that the petitioners shall not be arrested till the next date of posting. Call on3.1.2008. (R. BASANT) Judge tm