IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 90 of 2008()
1. SHAJI, S/O. K.V.VIJAYAN, AGED 65,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.V.RAJA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/01/2008
O R D E R
R.BASANT, J.
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B.A.No.90 of 2008
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Dated this the 10th day of January 2008
O R D E R
Application for anticipatory bail. The petitioner is the first
accused. He is the husband of the de facto complainant. The
marriage took place on 27/8/2006. There is strain in the
matrimony. 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. The co-accused have
already been granted anticipatory bail by this court as per order
dated 27/11/2007 in B.A.No.7218 of 2007. Investigation is in
progress. The petitioner who is employed abroad is now
available in India. He apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. There is strain in the
matrimonial relationship and that is prompting the de facto
complainant to make fanciful allegations against the petitioners.
The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the application and I am
satisfied, in the facts and circumstances of this case that the
petitioner can be granted anticipatory bail. In coming to this
conclusion I take note of the fact that arrest and detention of the
petitioners is likely to mar all possibilities of harmonious
reconciliation of the matrimonial tie. I do further take note of
the submission of the learned Public Prosecutor that the alleged
victim has suffered no external injuries corresponding to the
allegations of matrimonial cruelty alleged against the petitioner.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 17/01/2007. He shall
be released on regular bail on condition that he executes 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 18/01/2007 and 21/01/2007. 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. Subsequently
the petitioners shall so appear as and when directed by the
investigating officer in writing to do so.
(iv) 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.
(v) If he were arrested prior to 17/01/2007, 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
17/01/2007.
(R.BASANT, JUDGE)
jsr
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007