IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1415 of 2008() ----------------------------- CRIME NO.67/08 OF KILIKOLLUR POLICE STATION CMP.1178/2008 of J.M.F.C.-I, KOLLAM .................... PETITIONER : ACCUSED ------------------------ ABDUL REHIM, S/O.ABDUL ASSIZ FIRDAOUSA MANZIL, TKMC P.O., KARICODE, KOLLAM. BY ADV. SRI.S.SUNIL NARAYANAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KILIKOLLUR POLICE STATION, KOLAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1415 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations of matrimonial cruelty punishable under Section 498A I.P.C. He is the husband of the defacto complainant. The marriage took place on 13.5.1999. The spouses are blessed with one child. The crime has been registered on the basis of the 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. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Because of the strain in the matrimony fanciful and vexatious allegations are being raised against the petitioner. 3. The learned Prosecutor does not oppose the application. He reports that the defacto complainant had not suffered any injury corresponding to the allegations raised. B.A.No. 1415 of 2008 2 4. I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioner, 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. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 14.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 15.3.2008 and 173.2008 and thereafter on all Mondays and Fridays B.A.No. 1415 of 2008 3 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 14.3..08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 14.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 14.3.2008. (R. BASANT) Judge tm