IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 528 of 2008() ---------------------------- CRIME NO. 49/08 OF PERAMANGALAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- SURESH.R., S/O.RAMAKRISHNAN, PAAREKKATTIL HOUSE, P.O.ANJOOR, MUNDUR. BY ADV. SRI.C.PRABIN BENNY RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, PERAMANGALAM POLICE STATION, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 528 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the defacto complainant. The marriage took place on 25.4.1999. The spouses are blessed with two children. The petitioner, it is alleged, is now sick and is afflicted with cancer. There is disagreement between the spouses. The wife had filed a complaint before the learned Magistrate, which was 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 learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions which shall secure the interests of a fair and efficient investigation. I take note of the submission of the learned counsel that the petitioner is sick and is afflicted B.A.No. 528 of 2008 2 with cancer. I also take note of the submission of the Prosecutor that the defacto complainant has not suffered any physical injury as a result of the alleged cruelty. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 6.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 7.2.2008 and thereafter 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. B.A.No. 528 of 2008 3 (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 6.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 6.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 6.2.2008. (R. BASANT) Judge tm