IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4673 of 2007()
1. GEEVAR, AGED 34 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.NISHIN GEORGE VIJAYABABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/08/2007
O R D E R
R.BASANT, J
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B.A.No.4673 of 2007
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Dated this the 2nd day of August, 2007
ORDER
Application for anticipatory bail. The petitioner is the husband of
the defacto complainant. The co-accused have already been granted
anticipatory bail. The marriage took place on 12.09.05. The couple
are not blessed with any children. There is strain in the matrimonial
tie. A complaint was filed before the Magistrate, which was referred to
the police by the Magistrate under Section 156(3) Cr.P.C.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am satisfied
that anticipatory bail can be granted to the petitioner. In coming to
this conclusion, I take note of the fact that arrest and incarceration of
the petitioner in custody is likely to mar all possibilities of a
harmonious reconciliation. I do further note that there is no allegation
of any such physical cruelty which had resulted in injuries. Appropriate
directions can of course be imposed.
3. 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 10.08.2007. He shall be enlarged on regular bail on his
B.A.No.4673 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 1 p.m on
11.08.2007 and 12.08.2007 and thereafter between 10 a.m and 12
noon on all Mondays and Fridays for a period of three 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
10.08.07 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 10.08.07.
(R.BASANT, JUDGE)
rtr/-
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