IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 233 of 2008()
1. YOUSUF, AGED 45 YEARS, S/O. MOHAMMED,
... Petitioner
Vs
1. STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.MANSOOR.B.H.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 233 of 2008
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Dated this the 16th day of January, 2008
O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Section 498A I.P.C. Petitioner is the husband
of the defacto complainant. The marriage took place on
9.11.2001. Two children have been born in the wedlock. The
defacto complainant alleged that the petitioner is guilty of
matrimonial cruelty of the culpable variety. Crime has been
registered. Investigation is in progress. The petitioner
apprehends imminent arrest.
2. The learned counsel for the petitioner prays, the
learned Prosecutor does not 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 the absence of opposition, it is not
necessary for me to advert to facts in any greater detail. Subject
to appropriate conditions, anticipatory bail can be granted to the
petitioner, I am satisfied.
B.A.No. 233 of 2008
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3. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioner shall surrender before the learned Magistrate
on 23.1.2008 at 11 a.m. The learned Magistrate shall release the
petitioner 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.
(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 3 p.m. on 24.1.08
and 25.1.2008 and thereafter on all Mondays 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.
(c) If the petitioner does not appear before the learned
Magistrate as directed in clause (1) above, these directions shall lapse
B.A.No. 233 of 2008
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on 23.1.08 and the police shall be at liberty thereafter to arrest the
petitioner and deal with him in accordance with law.
(d) If the petitioner were arrested prior to his surrender on
23.1.2008 as directed in clause (1) above, he shall be released on bail
on his executing a bond for Rs.25,000/- without any surety
undertaking to appear before the learned Magistrate on 23.1.2008.
(R. BASANT)
Judge
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