IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 281 of 2008() ---------------------------- CRIMENO.272/00 OF THOPPUMPADY POLICE STATION PETITIONER/ACCUSED ----------------------------------- JNANASEKHARAN, S/O. ANDY, KANJIRANAUDY, KEELEKKARA DESOM, RAMANATHAPURAM, TAMIL NADU. BY ADV. SRI.S.RAJEEV RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.272 OF 2000 OF THOPPUMPADY POLICE STATION). BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 281 OF 2008 ```````````````````````````````````````````````````` Dated this the 18th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces indictment on the allegation that he has committed the offence punishable under Section 366A IPC. Investigation is complete. Final report has already been filed. Committal proceedings has been registered. Consequent to non- availability of the petitioner, warrant of arrest has been issued against the petitioner, The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The disputes have already been settled. The petitioner and the de facto complainant/victim are married and are leading a happy matrimonial life. Two children were born in that wedlock. In these circumstances, a lenient view may be taken and anticipatory bail may be granted to the petitioner, prays the learned counsel for the petitioner. BA.281/08 : 2 : 3. The learned Public Prosecutor does not oppose the application. I am satisfied that the petitioner can be granted anticipatory bail. In the light of the decision in Bharat Chaudhary and another Vs. State of Bihar [AIR 2003 SC 4662] such relief can be granted to the petitioner, who apprehends arrest in execution of a warrant issued by a court after taking cognizance. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 25.1.08. 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 petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 28.1.08 and 29.1.08. During this period, the investigating officer shall be at liberty to interrogate the BA.281/08 : 3 : petitioners 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 one month and subsequently as and when directed by the investigating officer in writing to do so. (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 these directions were not issued at all. (iv) If he were arrested prior to 25.1.08, 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 25.1.08. (R.BASANT, JUDGE) aks