High Court Kerala High Court

Kumaran vs The Sub Inspector Of Police on 26 July, 2007

Kerala High Court
Kumaran vs The Sub Inspector Of Police on 26 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4469 of 2007()


1. KUMARAN, AGED 40 YEARS, S/O.KANDARI,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.B.PREMOD

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :26/07/2007

 O R D E R






                             R. BASANT, J.

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                       B.A. NO.4469 OF  2007

              -------------------------------------------------

              Dated this the  26th    day of July, 2007



                                 ORDER

Application for anticipatory bail. The petitioner is the 1st

accused and the husband of the de facto complainant. A crime

has been registered, inter alia, under Sec.498A of the IPC.

The crime is registered on the basis of a private complaint filed

before the learned Magistrate and referred to the police by the

learned Magistrate under Sec.156(3) of the Cr.P.C.

Investigation is in progress. The petitioner apprehends

imminent arrest. The co-accused have already been granted

anticipatory bail by the learned Sessions Judge. The marriage

took place on 2/7/06. A child is born in the wed-lock.

2. The petitioner in this petition prays, the learned

Public Prosecutor does not raise any objection, I am satisfied,

in the facts and circumstances briefly indicated above, that

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anticipatory bail can be granted to the petitioner. In coming to

this conclusion, I take note of the fact that there is no allegation

of any physical cruelty resulting in any injuries. I do further

take note of the fact that the arrest and incarceration of the

petitioner is likely to mar the matrimonial relationship beyond

repair. Subject to appropriate conditions, anticipatory bail can

be granted to the petitioner, in these circumstances.

3. In the result, this petition is allowed. Following

directions are issued under Sec.438 of the Cr.P.C:

(i) The petitioner shall appear before the learned

Magistrate having jurisdiction at 11 a.m. on 2/8/07. He shall be

released on regular bail on his executing a bond for Rs.25,000/-

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 3/8/07 and 4/8/07 and thereafter on all Mondays

between 10 a.m. and 12 noon for a period of one month.

Subsequently, he shall so 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

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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 1/8/07 as directed in clause (i) above, he shall be released on

his executing a bond for Rs.25,000/- without any sureties

undertaking to appear before the learned Magistrate on 1/8/07.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge

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