IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 847 of 2008() ---------------------------- CRIME NO.512/08 OF ADOOR POLICE STATION : PETITIONER/ACCUSED ----------------------------------- BASITH,AGED 36, S/O.ABDUL KHADER MUBEENA MANZIL, NADAKKAL, ADUTHALA PO, KALLUVATHUKKAL VILLAGE, KOLLAM. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE ADOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.847 of 2008 ------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for anticipatory bail. Petitioner is the sole accused. He faces allegations now in a crime registered under Sections 313 and 420 I.P.C. The petitioner is a married man. The defacto complainant is a divorcee. Both have children also. The crux of the allegations is that they became intimate with each other and had sexual relationship. In that relationship, the defacto complainant conceived. The pregnancy was aborted by the petitioner by taking her to a hospital. Such abortion was allegedly without her consent. Crime has been registered on the basis of a private complaint filed by the defacto complainant before the Magistrate and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. There is a further allegation that the lady was fraudulently deceived by the petitioner who promised to marry her. 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 in the facts and circumstances of this case to which I B.A.No.847 of 2008 2 have already made brief reference that the petitioner can be granted anticipatory bail 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. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 20.02.2008. He shall be enlarged on regular bail on his executing 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 1 p.m on 21.02.2008 and 22.02.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.847 of 2008 3 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 20.02.08 as directed in clause (1) above, 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 20.02.08. (R.BASANT, JUDGE) rtr/-