IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Bail Appl..No. 4751 of 2009(B) ------------------------------------------ (CRIME NO. 191/2009 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE) ................... PETITIONER/ACCUSED: ---------------------------------- NAZEER, S/O.AHAMMED, AGED 41 YEARS, AYYAPPANKANDY HOUSE, PUTHIYANGADI P.O., KOZHIKODE TALUK. BY ADV. MR.P.V.KUNHIKRISHNAN. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. S.I.OF POLICE, KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO. 4751 OF 2009 ------------------------------------------ Dated 24th August 2009 O R D E R Petitioner is the husband of defacto complainant and the accused in crime No.191/2009 of Kunnamangalam police station registered for the offence under Sections 498 A, 406, 313 and 417 of Indian Penal Code. This petition is filed under Section 438 of Code of Criminal Procedure to grant anticipatory bail contending that matrimonial disputes with the defacto complainant were settled amicably and parties have decided to live separately and the entire amount payable to the wife was paid and as per the original of Annexure-A agreement, wife agreed to withdraw the petition filed before the Family court for maintenance and also to take steps to withdraw the case being investigated by Kunnamangalam police which was sent for investigation by the learned Magistrate on the complaint filed by the wife and in such circumstances, petitioner may be granted anticipatory bail. 2. Considering the fact that on the ground BA 4751/09 2 of settlement of matrimonial disputes, a non compoundable offence could be quashed by this court under Section 482 of Code of Criminal Procedure and Annexure-A agreement prima facie establish that there was a settlement of all the matrimonial disputes, interest of justice warrants that in the event of arrest of the petitioner he is to be released on bail. Petition is disposed as follows. In the event of arrest of the petitioner in crime 191/2009 of Kunnaamangalam police station, he shall be released on bail on executing a bond for Rs.10,000/- with two solvent sureties for the like sum to the satisfaction of the investigating officer on the following conditions. 1) Petitioner shall appear before the investigating officer as and when directed. 2)Petitioner shall not induce, threaten or influence any witness from revealing the facts known to him to the investigating officer or in any way interfere with the investigation. 3) He shall not leave the State without permission of the Magistrate and shall not interfere with the investigation. BA 4751/09 3 This order will prevail for one month and it is for the petitioner to apply for regular bail before the Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.