IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1453 of 2008() ----------------------------- CRIME NO.111/08 OF KORATTY POLICE STATION .................... PETITIONER : ACCUSED ------------------------ ANSON, S/O. V.A.VARGHESE, 35 YEARS VEMBILAN HOUSE, SANJO NAGAR, MURINGOOR THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1453 of 2008 ------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for anticipatory bail. Petitioner is the husband of the defacto complainant. He faces allegations in a crime registered under Section 498 A I.P.C. 2. The marriage had taken place in the year 2001. The spouses are blessed with one child. There is strain in the matrimony. The petitioner had alleged that the brother of the wife as also her brother in law had attacked the petitioner and caused injury to him. Crime was registered and final report has been filed after investigation in this crime. According to the petitioner, this present crime has been registered as a retaliation against the said crime. The petitioner is absolutely innocent. Because of the strain in the matrimony, false, frivolous and vexatious allegations are being raised against the petitioner, it is submitted. 3. Notice was given to the learned Public Prosecutor . The learned Public Prosecutor does not oppose the application for anticipatory bail. Having considered all the relevant inputs, I am B.A.No.1453 of 2008 2 persuaded to agree that directions under Section 438 Cr.P.C can be issued in favour of the petitioner. 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, this 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 31.03.08. 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 5 p.m on 01.04.2008 and 02.04.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.1453 of 2008 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 31.03.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 31.03.08. (R.BASANT, JUDGE) rtr/-