IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 990 of 2008() ---------------------------- CRIME NO.32/08 OF THODUPUZHA POLICE STATION PETITIONER/1ST ACCUSED: ---------------------------------------- BIJU, S/O. SAROJINI, PAMBOORICKAL (KOCHUVAZHAPPILLIL)VADAKKUM MURI KARA THODUPUZHA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: STATE & COMPLAINANT: --------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA P.O., IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 990 OF 2008 ------------------------------------------------- Dated this the 21st day of February, 2008 ORDER Application for anticipatory bail. The petitioner is the husband of the de facto complainant. He faces allegations of matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC. The crime has been registered on the basis of a private complaint filed by the de facto complainant and referred to the police by the learned Magistrate under Sec.156(3) of the Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Marriage had taken place on 24/6/06. The spouses are blessed with a 12 month old baby. There is some strain in the matrimony. Because of such strain, fanciful, vexatious and exaggerated allegations are B.A. No. 990 OF 2008 -: 2 :- being raised against the petitioner. Arrest and incarceration of the petitioner is likely to mar all chances of harmonious settlement of the matrimonial dispute. Subject to any appropriate conditions, the petitioner may be granted anticipatory bail, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application and I reckon the stand of the learned Public Prosecutor to be absolutely reasonable and fair. I am satisfied that the petitioner can be granted anticipatory bail subject, of course, to appropriate conditions. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 28/2/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- 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 29/2/08 and 1/3/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of B.A. No. 990 OF 2008 -: 3 :- the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, he shall so make himself available for interrogation before the Investigating Officer 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 the petitioner were arrested prior to his surrender on 28/2/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 28/2/08. (R. BASANT, JUDGE) Nan/ B.A. No. 990 OF 2008 -: 4 :-