IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1489 of 2008() ----------------------------- CRIME NO.18/2008 OF KUTHUPARAMBA POLICE STATION .................... : PETITIONER/1ST ACCUSED. ---------------------------------------- V.K.RASHEED MOOSSA, AGED 32 YEARS, S/O. MOOSA, V.K.HOUSE, CHETTAMOON, THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O., KUTHUPARAMBA POLICE STATION, THALASSERY, THORUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1489 of 2008 ---------------------------------------- Dated this the 10th day of March 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the de facto complainant. Crime has been registered alleging offences punishable under Section 498A I.P.C. The marriage took place on 20/07/2003. The spouses are not blessed with any children so far. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and 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, he learned Public Prosecutor does not oppose the application and I am satisfied that the petitioner can be granted anticipatory bail. In coming to this conclusion I take note of the fact that the alleged victim has suffered no external injuries. Appropriate conditions can of course be imposed. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.1489/08 2 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17/03/2008. He shall be released 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. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 18/03/2008 and 19/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently 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. B.A.No.1489/08 3 (iv) If he were arrested prior to 17/03/2008, 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 17/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1489/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007