IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8105 of 2007() ----------------------------- CRIME NO.760 OF 2007 OF TALIPAARAMBU POLICE STATION : PETITIONER/ACCUSED ----------------------------------- MOIDEEN.M., AGED 54 YEARS, MADATHILS HOUSE, S/O.KHADER, MANCHAL, CHORKALA, P.O.KURUMATHUR, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENTS: COMPLAINANTS ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8105 of 2007 ------------------------------------- Dated this the 2nd day of January, 2008 ORDER Application for anticipatory bail. Petitioner is the husband of the defacto complainant. He faces allegations of matrimonial cruelty of the culpable variety punishable under Section 498 A I.P.C. The crime has been registered on the basis of a private complaint 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. 2. The marriage between the petitioner and the defacto complainant took place in 1978. Long later, in 1989, the petitioner had contracted a marriage with another woman. Children have been born in such subsequent marriage also. Complaint is now raised about matrimonial cruelty against the petitioner by his 1st wife. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the application and I B.A.No.8105 of 2007 2 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 which shall ensure the interests of a fair, efficient and expeditious investigation. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result, the 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 09.01.2008. 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 10.01.2008 and 11.01.2008 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; B.A.No.8105 of 2007 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 09.01.08 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 09.01.08. (R.BASANT, JUDGE) rtr/-