High Court Kerala High Court

Manoj vs State Of Kerala on 12 March, 2008

Kerala High Court
Manoj vs State Of Kerala on 12 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1543 of 2008()


1. MANOJ, S/O. AIPPUTTY,
                      ...  Petitioner
2. AIPPUTTY,
3. KARTHIAYANI, W/O. AIPPUTTY,
4. OMANA, D/O. VALLON,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SMT.K.V.BHADRA KUMARI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :12/03/2008

 O R D E R
                          R. BASANT, J.

           ````````````````````````````````````````````````````
                   B.A. No. 1543 OF 2008 E
           ````````````````````````````````````````````````````
           Dated this the 12th day of March, 2008

                             O R D E R

Application for anticipatory bail. Petitioners are the

husband of the de facto complainant and his relatives.

Marriage between the spouses took place on 31.3.06.

Allegations of matrimonial cruelty of the culpable variety are

raised against the petitioners. The crime has been registered

on the basis of a private complaint filed 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 submits that

there is strain in the matrimony and such strain is prompting

the de facto complainant to make reckless and exaggerated

allegations against the petitioners. The petitioners are willing

to abide by any reasonable conditions. Arrest and

incarceration of the petitioners would close the doors on any

possible harmonious settlement of the matrimonial dispute.

BA.1543/08
: 2 :

The petitioners may be granted anticipatory bail, submits the

learned counsel for the petitioners.

3. The learned Public Prosecutor does not oppose the

application. He submits that the de facto complainant has not

suffered any external injury corresponding to the allegations

of matrimonial physical cruelty hit on her.

4. I am satisfied, considering all the relevant

circumstances, that anticipatory bail can be granted to the

petitioners subject to terms and conditions.

5. 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 18.3.2008. 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

BA.1543/08
: 3 :

interrogation before the investigating officer between 10 a.m

and 3 p.m on 19.3.08 and 22.3.08 and thereafter 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.

(iii) 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.

(iv) If they were arrested prior to 18.3.08, 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 18.3.08.

(R.BASANT, JUDGE)
aks