IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 1238 of 2008() ----------------------------- CRIME NO.20/08 OF PERAMBRA POLICE STATION PETITIONER/ACCUSED ----------------------------------- M.V.IBRAHIM, AGED 29 YEARS, S/O.AVARANKUTTY, MELEVILAKKUNNIL, THADATHILKUNDU, MAKKARAPARAMBU P.O., MANKADA VIA, MALAPPURAM DIST. BY ADV. SRI.SANTHARAM.P RESPONDENTS: STATE ------------------ 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 11/04/2008, ALONG WITH BA NO. 1570 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 1238 & 1570 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 O R D E R These applications are for anticipatory bail. The common petitioner apprehends arrest in two crimes. The first of these crimes is registered on the complaint of his mother-in-law and the second of those is registered at the instance of his wife. In the first, the allegation is that he had misappropriated and committed breach of trust in respect of a vehicle belonging to the mother-in-law. He had taken away the vehicle and is refusing to return it. That is the gist of the allegation in the first case. In the second crime the allegation is that the petitioner is guilty of matrimonial cruelty of the culpable variety against his wife. Both crimes are registered on the basis of the complaints filed 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. B.A.Nos. 1238 & 1570 of 2008 2 2. When these petitions came up for hearing, after hearing the parties and taking note of the fact that the marriage had taken place only on 17.6.2007, this Court wanted the parties to explore the possibility of a harmonious settlement. The parties were referred to the Lok Adalath. It is now submitted that though the parties have not been able to settle their disputes totally, a divorce has been pronounced by the husband and the marital tie does not today exist. Report of the Lok Adalath also indicates so. The Lok Adalath has observed that the parties can be left to work out the rights available to them under law, but the divorce was pronounced by the husband and accepted by the wife. 3. The learned Prosecutor does not, in these circumstances, oppose the application for anticipatory bail. I am satisfied that the petitioner can be granted anticipatory bail, subject to appropriate conditions. 4. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. B.A.Nos. 1238 & 1570 of 2008 3 (a) The petitioner shall surrender before the learned Magistrate on 21.4.2008 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 surrender his passport before the learned Magistrate. It is submitted that the same has already been surrendered before the police. The police shall produce the same before the learned Magistrate forthwith. (c) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 22.4.2008 and 23.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays 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. B.A.Nos. 1238 & 1570 of 2008 4 (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 21.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 21.4.2008 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 21.4.2008. (R. BASANT) Judge tm B.A.Nos. 1238 & 1570 of 2008 5 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 1238 & 1570 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 O R D E R The defacto complainant, the wife of the petitioner herein, has filed an application for impleadment. Formal impleadment is not necessary. The counsel for the defacto complainant can be heard while considering the application for bail. 2. In the course of discussions at the Bar, the counsel for the petitioner as well as the counsel for the defacto complainant agree that an attempt can be made to settle the disputes at the Lok Adalath. Both parties are directed to appear before this Court on 18.3.2008. After they appear before this Court, the matter shall be referred to the Adalath. The learned Prosecutor undertakes that the petitioner shall not be arrested in both the crimes until further orders. B.A.Nos. 1238 & 1570 of 2008 6 (R. BASANT) Judge tm