IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1785 of 2008() ----------------------------- : PETITIONER --------------------------- K.K.PRAKASHAN NAMBIAR, S/O.K.P.KUNHAMBU NAMBIAR, LATHA SADAN, NEAR DURGA HIGHER SECONDARY SCHOOL, KANHANGAD. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PAYYANNUR POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1785 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for anticipatory bail. Petitioner apprehends arrest in a crime registered on the basis of allegations raised by his wife of matrimonial cruelty. 2. The learned Public Prosecutor after taking instructions submits that though the wife of the petitioner had raised a grievance against the petitioner by filing a complaint, no crime has been registered and the petitioner shall not be arrested as accused in any crime committed against his wife prior to this date. 3. The apprehension of the petitioner is thus found to be without any basis. However, I take note of the submission/undertaking of the learned Public Prosecutor that the petitioner is not now required to be arrested in connection with any crime and that in future if the arrest of the petitioner were found to be necessary in any crime relating to any offence committed by the petitioner against his wife prior to this date, the petitioner shall be given sufficient prior notice and prior B.A.No.1785 of 2008 2 permission of this Court shall be taken before such arrest is effected. The submission and undertaking of the learned Public Prosecutor are taken note and are recorded hereby. The petitioner's apprehension is, in these circumstances, found to be without any basis. 4. This bail application is accordingly dismissed as agreed. (R.BASANT, JUDGE) rtr/-