IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 1998 of 2008() ----------------------------- CRIME 76/08 OF ALAKODE POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ RAJAN MATHEW CHERIYAN, S/O. CHERIYAN, AGED 37 YEARS, COMPUTER INSTRUCTOR, KAITHATHARA HOUSE, P.O. MUNDAYAD, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS: COMPLAINANT: ------------------------- 1. THE STATION HOUSE OFFICER, ALAKODE POLICE STATION, ALAKODE, KANNUR. 2. THE STATE OF KERALA, REPRESENTED 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 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1998 OF 2008 B ```````````````````````````````````````````````````` Dated this the 2nd day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the husband of the de facto complainant. He faces allegations of matrimonial cruelty of the culpable variety punishable under section 498A IPC. Crime has been registered on the basis of a private complaint referred to the police by the learned Magistrate under section 156(3) Cr.P.C. The marriage took place on 2.10.06. The spouses are not blessed with any child so far. 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. In coming to this conclusion, I take note of the fact that arrest BA.1998/08 : 2 : and incarceration of the petitioner is likely to mar all possibilities of harmonious settlement of the matrimonial dispute. I do further take note of the submission of the learned Public Prosecutor that the de facto complainant has not suffered any injury. 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 9.4.2008. 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 interrogation before the investigating officer between 10 a.m and 5 p.m on 10.4.2008 and 11.4.2008 and thereafter on all Mondays between 10 a.m and 12 noon for a period of two BA.1998/08 : 3 : 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 9.4.2008, 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 9.4.2008. (R.BASANT, JUDGE) aks