IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 73 of 2008() --------------------------- CRIME NO.377/07 OF KODUVALLI POLICE STATION, KOZHIKODE : PETITIONER/ACCUSED ----------------------------------- ABDUL RAZAK,S/O. ALI, RESIDING AT KODUVALLI AMSOM DESOM KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE KODUVALLI POLICE STATION KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.73 of 2008 ------------------------------------- Dated this the 10th day of January, 2008 ORDER Application for anticipatory bail. Petitioner is the husband of the defacto complainant. The crime has been registered alleging matrimonial cruelty of the culpable variety punishable, inter alia, under Section 498 A I.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The marriage took place on 09.05.2000. The spouses are blessed with 3 children. Merely because of the strain in the matrimony, fanciful and exaggerated allegations are being raised against the petitioner, submits the learned counsel for the petitioner. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioner can be granted anticipatory bail. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 17.01.2008. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees B.A.No.73 of 2008 2 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 4 p.m on 18.01.2008 and 19.01.2008 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months. Subsequently the petitioner shall 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 17.01.08 as directed in clause (1) above, 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 17.01.08. (R.BASANT, JUDGE) rtr/- B.A.No.73 of 2008 3