IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7817 of 2007()
1. DINIL KUMAR, S/O.GOPALAKRISHNA PILLA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2007
O R D E R
R.BASANT, J
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B.A.No.7817 of 2007
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Dated this the 19th day of December, 2007
ORDER
Application for anticipatory bail. Petitioner is the 1st
accused. He is the husband of the defacto complainant. Crime
has been registered under Section 498 A I.P.C on the basis of a
private complaint filed before the learned Magistrate and referred
by the Magistrate to the police under Section 156(3) Cr.P.C.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. The marriage took place on 3.2.06. One child has
been born in the matrimony. According to the petitioner, strain
in the matrimony is prompting the defacto complainant to make
reckless, false and vexatious allegations against the petitioner.
3. The learned Public Prosecutor does not oppose the
prayer for anticipatory bail. The learned Public Prosecutor
submits that the victim has not suffered any external injury
corresponding to the allegations of physical cruelty. I am
satisfied that anticipatory bail can be granted to the petitioner.
B.A.No.7817 of 2007 2
In coming to this conclusion, I take note of the reality that arrest
and incarceration of the petitioner is likely to mar the
matrimonial tie beyond repair. Appropriate conditions can of
course be imposed.
4. 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 26.12.2007. He shall be enlarged on
regular bail on his 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
3 p.m on 27.12.2007 and 28.12.2007 and thereafter between 10
a.m and 12 noon on all Mondays and Fridays for a period of two
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;
B.A.No.7817 of 2007 3
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 26.12.07 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 26.12.07.
(R.BASANT, JUDGE)
rtr/-