IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 313 of 2008()
1. AJAYAKUMAR, AGED 37 YEARS, S/O.BHASKARAN
... Petitioner
2. BHASKARAN,
3. JAGADAMMA, AGED 62 YEARS, PEROOR
4. JAYA BOSE, AGED 42 YEARS, W/O.BOSS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.GIREESH VARMA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :21/01/2008
O R D E R
R.BASANT, J.
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B.A.No.313 of 2008
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Dated this the 21st day of January 2008
O R D E R
Application for anticipatory bail. The petitioners are the
husband and his relatives. The marriage took place on
22/6/2003. The spouses are not blessed with any children. They
are admittedly residing separately. Long after the separate
residence commenced, the present crime has been registered.
The crime has, in turn, 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. Investigation is in progress. The
petitioners apprehend imminent arrest. .
2. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied, in the facts and circumstances of this case that the
petitioners can be granted anticipatory bail. In coming to this
conclusion I take note of the broad circumstances in this case. I
take note of the fact that arrest and detention of the petitioners
is likely to mar all possibilities of harmonious reconciliation of
B.A.No.313/08 2
the matrimonial tie. Appropriate conditions can of course be
imposed.
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 28/01/2008. They
shall be released on regular bail on condition that they execute
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 29/01/2008 and 30/01/2008. During this period,
the investigating officer shall be at liberty to interrogate the
petitioners in custody and take all necessary steps for the proper
conduct of the investigation in this crime. Thereafter the
petitioners 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.
B.A.No.313/08 3
(iv) 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 these directions were not issued at all.
(v) If they were arrested prior to 28/01/2008, they shall
be released from custody on their executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate on
28/01/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.313/08 4
B.A.No.313/08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007