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. 255 of 2008() ---------------------------- CRIME NO.798/07 OF THE THALIPARAMBA POLICE STATION PETITIONER/ACCUSED ----------------------------------- U.RAGHAVAN, S/O CHEMMARAN, UNNIPRAVAN HOUSE, NARIKODE, KOTTILA, EZHOME, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: COMPLAINANT & STATE -------------------------------- THE STATE OF KERALA, REP. BY THE SUB-INSPECTOR OF POLICE, THALIPARAMBA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR 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. 255 OF 2008 ------------------------------------------------- Dated this the 18th day of January, 2008 ORDER Application for anticipatory bail. The petitioner is the husband of the de facto complainant. The marriage took place about 14 years back on 3/5/93. Two children have been born in the wed-lock. The crime has been registered alleging the commission of the offence 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. There is an allegation about a specific incident which took place on 8/7/07. 2. The learned counsel for the petitioner submits that there is some strain in the matrimony and on account of such B.A. No. 255 OF 2008 -: 2 :- matrimony, false, frivolous, vexatious and exaggerated allegations are being raised against the petitioner. Even though there is an allegation of physical cruelty and the de facto complainant had gone to the Doctor for treatment, except complaints of pain and tenderness, there is no external injury to support and corroborate the allegation of physical cruelty. Subject to any appropriate conditions, anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor does not oppose the application. The Case Diary has been placed before me for my perusal. I have perused the same. Having considered all the relevant inputs, I am satisfied that directions under Sec.438 of the Cr.P.C. can be issued in favour of the petitioner subject, of course, to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. In coming to this conclusion, I take note of the fact that the arrest and detention of the petitioner is likely to mar all possibilities of harmonious settlement of the dispute. 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 25/1/08. He shall be B.A. No. 255 OF 2008 -: 3 :- 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 3 p.m. on 28/1/08 and 29/1/08 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Thereafter, 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 25/1/08 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 25/1/08. Sd/- Nan/ (R. BASANT, JUDGE) //true copy// P.S. to Judge