IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2106 of 2008() ----------------------------- CRIME NO.464/07 OF SULTHAN BATHERY POLICE STATION PETITOINER/ACCUSED --------------------------- SAJU VARGHESE, AGED 45 YEARS, S/O. VARGHESE.K.V, KUZHIKATTIL HOUSE MANDANDIKUNNU, S. BATHERY, WAYANAD DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2106 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner, a businessman, faces allegations of matrimonial cruelty punishable under Section 498A I.P.C. The defacto complainant is his wife. The marriage took place 15 years back. The spouses are blessed with two children. It is alleged that the petitioner has been guilty of matrimonial cruelty of the culpable variety against the defacto complainant. She was allegedly beaten with hands on 29.10.2007. This obliges her to go to the police station and lodge a complaint. F.I.R. has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Because of the strain in the matrimony fanciful and vexatious allegations are being raised against the petitioner. The petitioner may be saved of the undeserved trauma of arrest and detention, it is prayed. B.A.No. 2106 of 2008 2 3. The learned Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. In coming to this conclusion I take note of the reality that arrest and incarceration of the petitioner is likely to mar all possibilities of harmonious reconciliation of marital relationship. I further take note of the submission of the learned Prosecutor that the victim has not suffered any serious external injury as a result of the alleged assault. Appropriate conditions can, of course, be imposed. 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 11.4.2008 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.A.No. 2106 of 2008 3 (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. On 15.4.2008 and 16.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer 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 on 11.4.08 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 11.4.2008 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 11.4.2008. (R. BASANT) tm Judge