High Court Kerala High Court

Arun Kumar.S. vs State Of Kerala on 1 April, 2008

Kerala High Court
Arun Kumar.S. vs State Of Kerala on 1 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1919 of 2008()


1. ARUN KUMAR.S., S/O.SREEDHARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.B.PREMOD

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :01/04/2008

 O R D E R
                              R.BASANT, J
                       ------------------------------------
                        B.A.No.1919 of 2008
                      -------------------------------------
                Dated this the 1st day of April, 2008

                                   ORDER

Application for anticipatory bail. Petitioner is the husband of

the defacto complainant. He faces allegations of matrimonial

cruelty punishable under Section 498 A I.P.C.

2. The marriage took place on 17.04.05. The spouses are

blessed with one child. Crime has been registered on the basis of

a private complaint filed by the defacto complainant before the

Magistrate and referred by the learned Magistrate to the police

under Section 156(3) Cr.P.C. Investigation is in progress. The

petitioner apprehends imminent arrest.

3. The learned counsel for the petitioner submits that the

petitioner is innocent. There is strain in the matrimony and such

strain is prompting the defacto complainant to make reckless

allegations against the petitioner. Arrest and incarceration of the

petitioner is likely to mar all possibilities of harmonious

settlement of the matrimonial disputes. The victim has not

suffered any injury also, submits the learned counsel for the

petitioner.

B.A.No.1919 of 2008 2

4. The learned Public Prosecutor does not oppose the

said prayer and I am satisfied, in the facts and circumstances of

the case. that the petitioner can be granted anticipatory bail

subject of course to appropriate terms and conditions.

5. In the result, this 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 08.04.2008. 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 09.04.2008 and 10.04.2008 and thereafter between 10

a.m and 12 noon on all Mondays and Fridays for a period of one

month. 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

B.A.No.1919 of 2008 3

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

08.04.08 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 08.04.08.

(R.BASANT, JUDGE)
rtr/-