IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 90 of 2008() --------------------------- CRIME NO.459/2007 OF THE PARAVUR POLICE STATION .................... : PETITIONER/ACCUSED NO.1 ---------------------------------------- SHAJI, S/O. K.V.VIJAYAN, AGED 65, SREERAGAM, KOTTAPPURAM, PARAVUR, KOLLAM. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PARAVUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.90 of 2008 ---------------------------------------- Dated this the 10th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. He is the husband of the de facto complainant. The marriage took place on 27/8/2006. There is strain in the matrimony. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. The co-accused have already been granted anticipatory bail by this court as per order dated 27/11/2007 in B.A.No.7218 of 2007. Investigation is in progress. The petitioner who is employed abroad is now available in India. He apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. There is strain in the matrimonial relationship and that is prompting the de facto complainant to make fanciful allegations against the petitioners. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case that the petitioner can be granted anticipatory bail. In coming to this conclusion I take note of the fact that arrest and detention of the petitioners is likely to mar all possibilities of harmonious reconciliation of the matrimonial tie. I do further take note of the submission of the learned Public Prosecutor that the alleged victim has suffered no external injuries corresponding to the allegations of matrimonial cruelty alleged against the petitioner. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17/01/2007. He shall be released on regular bail on condition that he executes 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 18/01/2007 and 21/01/2007. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iv) 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 these directions were not issued at all. (v) If he were arrested prior to 17/01/2007, 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 17/01/2007. (R.BASANT, JUDGE) jsr R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007