IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 59 of 2008() --------------------------- CRMP.1437/2007 of DISTRICT COURT, KALPETTA CRIME NO.182/2007 OF AMBALAVAYAL POLICE STATION .................... PETITIONER/ACCUSED NO.2 ----------------------------- A.K.MUSTHAFA,S/O. KOYA AGED 29 YEARS, ACHIPRA HOUSE CHELLAMKODY P.O. VADUVANCHAL VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENTS: COMPLAINANT ------------------------ STATE -S.I.OF POLICE AMBALAVAYAL, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.59 of 2008 ---------------------------------------- Dated this the 9th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. The crux of the allegations is that the 1st accused- her husband is guilty of entering into matrimony with the de facto complainant fraudulently suppressing the fact that the first accused was earlier married. The petitioner is only a friend of the first accused. The petitioner and the first accused had allegedly represented that the first accused was an eligible bachelor. They suppressed the fact that he was earlier married and that marriage is subsisting. Allegations are raised of offences punishable inter alia under Sections 498A, 420 and 403 I.P.C. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend 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 B.A.No.59/08 2 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. 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 16/01/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty 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 3 p.m on 17/01/2008 and 18/01/2008. 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 the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month. Subsequently the B.A.No.59/08 3 petitioner 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 petitioners and deal with him in accordance with law, as if these directions were not issued at all. (iv) If the petitioner were arrested prior to 16/01/2008, he shall be released from custody on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 16/01/2008. (R.BASANT, JUDGE) jsr B.A.No.59/08 4 B.A.No.59/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007