IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 7964 of 2007() ----------------------------- CRIME 807/07 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED: ------------------------------------ 1. ABDIL JALEEL, AGED 30 YEARS (A1) S/O. AHAMMED HAJI, KOTEKUNNU HOUSE, BEDRADKA POST, MOGAL PUTTUR VILLAGE, KASARAGOD. 2. LATHEEF, AGED 25 YEARS (A4) S/O. AHAMMED HAJI, KOTEKUNNU HOUSE, BEDRADKA POST, MOGAL PUTTUR VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7964 OF 2007 E ```````````````````````````````````````````````````` Dated this the 3rd day of January, 2008 O R D E R Application for anticipatory bail. There are two accused persons. Accused/petitioner 1 is the husband of the de facto complainant. The 2nd petitioner(4th accused) who is the brother of the 1st petitioner, as also all other accused persons have now been removed from the array of accused. Only the 1st petitioner continues on the array of accused. 2. The marriage took place on 18.5.06. The spouses have been blessed with one child. Crime has been registered alleging matrimonial cruelty of the culpable variety punishable under Section 498A IPC. The crime was registered on the basis of a private complaint filed before the 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. 3. The learned counsel for the petitioners prays, the BA.7964/07 : 2 : learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed in part. As far as the 2nd petitioner is concerned, this petition is dismissed accepting the submission of the learned Public Prosecutor that the said petitioner does not continue on the array of accused. Following directions are issued under Section 438 Cr.P.C in favour of the 1st petitioner/accused. i) The 1st petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 10.1.08. He shall be released 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. ii) The 1st petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 11.1.08 and 12.1.08 and thereafter on all BA.7964/07 : 3 : Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the 1st 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 1st petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 10.1.08, 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 10.1.08. (R.BASANT, JUDGE) aks