IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 12TH JULY 2007 / 21ST ASHADHA 1929 Bail Appl..No. 4214 of 2007() ----------------------------- CRMP.2306/2007 of DISTRICT COURT, PALAKKAD CRIME NO.224 OF 2007 OF KUZHALMANNAM POLICE STATION .................... : PETITIONER/ACCUSED ------------------------------------ K.SIVADASAN, AGED 35 YEARS, S/O. LATE KITTA, AMBATTU VEEDU, PALLANCHATHANUR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KUZHALMANNAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.4214 of 2007 ------------------------------------- Dated this the 12th day of July, 2007 ORDER Application for anticipatory bail. The petitioner faces allegations under Section 498 A I.P.C. He is the husband of the defacto complainant. Crime has been registered on the basis of a private complaint filed by the defacto complainant and referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The marriage between the spouses took place in October, 2005. A female child has been born in the wedlock. The defacto complainant has raised allegations of matrimonial cruelty of the culpable variety against the petitioner. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer and I am satisfied that directions under Section 438 Cr.P.C can be issued in favour of the petitioner. In coming to this conclusion, I take note of the inevitable reality that arrest and incarceration of the petitioner in custody is likely to mar all possibilities of harmony in the matrimony. Appropriate conditions can of course be imposed. 4. In the result, this 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 19.07.2007. He shall be enlarged on regular bail on his B.A.No.4214 of 2007 2 executing 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 20.07.2007 and 21.07.2007 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 19.07.07 as directed in clause (1) above, he shall be released on bail 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 19.07.07. (R.BASANT, JUDGE) rtr/- B.A.No.4214 of 2007 3