IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1598 of 2008() ----------------------------- CRIME NO.102/08 OF KASARAGODE POLICE STATION PETITIONER/1ST ACCUSED --------------------------- ABDUL RAHIMAN,S/O. LATE MUHAMMED KOTTAKKUNNU HOUSE, BEDIRADKA, ,MOGRAL PUTHUR PO, KASARAGODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE SUB INSEPCTOR OF POLICE KASARAGODE POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1598 of 2008 ------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused and he is the husband of the defacto complainant. Crime is registered alleging offences punishable under Section 498 A I.P.C. That crime in turn has been registered on the basis of a private complaint filed by the defacto 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 petitioner apprehends imminent arrest. 2. The marriage between the spouses took place on 24.05.07. The spouses are not blessed with any children. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. There is some strain in the matrimony and because of such strain, false and exaggerated allegations are being raised against the petitioner/husband. In these circumstances, the petitioner may be granted anticipatory bail, it is prayed. 4. The learned Public Prosecutor does not oppose the said prayer. The learned Public Prosecutor submits that there are B.A.No.1598 of 2008 2 no physical injuries suffered by the victim to corroborate any allegation of physical cruelty. In any view of the matter, the State has no objection in anticipatory bail being granted to the petitioner subject to appropriate conditions. 5. In the result, this 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 25.03.2008. 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 3 p.m on 26.03.08 and 27.03.08. 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 12 noon on all Mondays and Fridays for a period of 2 months and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.1598 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 25.03.08 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 25.03.08. (R.BASANT, JUDGE) rtr/-