IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4132 of 2007()
1. SABURAJ K.M. @ SABU, S/O.MATHEW,
... Petitioner
2. MATHEW KUNNUMPURATH, S/O.JOSEPH,
3. ROSAMMA MATHEW, W/O.MATHEW AGED 55 YEARS
Vs
1. STATE OF KERALA THROUGH THE SUB
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :13/07/2007
O R D E R
R.BASANT, J
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B.A.No.4132 of 2007
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Dated this the 13th day of July, 2007
ORDER
Application for anticipatory bail. The petitioners face
allegations under Section 498 A I.P.C. They are husband and parents-
in-law of the defacto complainant. Crime has been registered on the
basis of a complaint filed by the defacto complainant before the
police. Investigation is in progress. The petitioners apprehend
imminent arrest.
2. The marriage took place in 2004. The spouses have been
blessed with one male child. Evidently there is strain in the
matrimonial tie. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. Strain in the matrimonial tie
is prompting the defacto complainant to make false, exaggerated and
fanciful allegations against the petitioners.
3. The learned counsel for the petitioners prays, the learned
Public Prosecutor does not seriously oppose the said prayer and I am
satisfied that in the facts and circumstances explained above, the
petitioners can be granted anticipatory bail subject, of course, to
appropriate conditions to be imposed in the interests of a fair,
efficient and expeditious investigation. The learned Public Prosecutor
has taken me through the wound certificate dated 21.06.07, which
B.A.No.4132 of 2007 2
shows the injury suffered by the defacto complainant on account of
the incident which allegedly took place on 19.06.07.
4. In the result, the Bail Application is, allowed. The
following directions are issued under Section 438 Cr.P.C.
i) The petitioners shall appear before the learned Magistrate
at 11 a.m on 20.07.2007. They shall be enlarged on regular bail on
their executing bonds for Rs.25,000/- (Rupees Twenty Five thousand
only) each with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate;
ii) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m and 3
p.m on 21.07.2007 and 22.07.2007 and thereafter between 10 a.m
and 12 p.m on all Mondays and Fridays for a period of two months.
Subsequently the petitioners shall make themselves available for
interrogation before the Investigating Officer as and when directed by
the Investigating Officer in writing to do so;
iii) If the petitioners do 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 petitioners and deal with them in accordance with law as if those
directions were not issued at all;
B.A.No.4132 of 2007 3
iv) If the petitioners were arrested prior to their surrender on
20.07.07 as directed in clause (1) above, they shall be released on bail
on their executing bonds for Rs.25,000/- (Rupees Twenty Five
thousand only) each without any sureties undertaking to appear
before the learned Magistrate on 20.07.07.
(R.BASANT, JUDGE)
rtr/-