IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 7284 of 2007() ----------------------------- CRMP.3573/2007 of II ADDL. DISTRICT COURT, KOLLAM CRIME 544/07 OF KOTTIYAM POLICE STATION .................... PETITIONER/IST ACCUSED IN CR.NO.544/07 ------------------------------------------------------- VIJAYAKUMAR @ BIJU, AGED 31 YEARS, S/O.LATE RAMAKRISHNAN, VARAZHAKATHU KIZHAKATHIL, THODIYIL VEEDU, DECENT JUNCTION, KUKHATHALA P.O. BY ADV. SRI.S.VASUDEVAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7284 OF 2007 C ```````````````````````````````````````````````````` Dated this the 1st day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the 1st accused. He is the husband of the de facto complainant. The crime has been registered on the basis of a private complaint filed before the Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. Matrimonial cruelty of the culpable variety has been alleged against the petitioner by the de facto complainant. 2. The learned counsel for the petitioner submits that the marriage had taken place on 15.12.05. There is some strain in the matrimonial relationship and that is prompting the de facto complainant to make reckless, exaggerated and fanciful allegations against the petitioner, it is submitted. 3. The learned counsel for the petitioner prays, the BA.7284/07 : 2 : 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 and incarceration of the petitioner is likely to mar all possibilities of harmonious reconciliation of the matrimonial dispute. 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 7.1.08. 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 BA.7284/07 : 3 : and 3 p.m on 8.1.08 and 9.1.08 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. (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 7.1.08, 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 7.1.08. (R.BASANT, JUDGE) aks