IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4079 of 2007()
1. AHAMMED.B.K., S/O.MUHAMMED,
... Petitioner
Vs
1. STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.P.NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :06/07/2007
O R D E R
R.BASANT, J
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B.A.No.4079 of 2007
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Dated this the 6th day of July, 2007
ORDER
Application for anticipatory bail. Petitioner is the 1st accused.
His wife is the defacto complainant. He faces allegations under
Section 498 A I.P.C. A complaint was filed before the learned
Magistrate, which was referred to the police under Section 156(3)
Cr.P.C. Thereafter the crime has been registered. Investigation is in
progress. The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that the
marriage had taken place as early as in 1999. Two children were
born in the wedlock, one aged 6 years and the other aged 11 months.
After the birth of the second child, there has been acrimony in the
matrimonial relationship. The wife had not returned to the
matrimonial home after the delivery of the second child. Because of
the strain in the matrimony, false, fanciful and exaggerated
allegations are being made to vex and harass the petitioner, submits
the learned counsel for the petitioner.
3. The learned Public Prosecutor does not oppose the
application for anticipatory bail. I reckon that as a very reasonable
stand taken by the learned Public Prosecutor. Arrest and
incarceration of the petitioner in custody is likely to mar all
B.A.No.4079 of 2007 2
possibilities of reconciliation of the matrimonial relationship. Subject
to appropriate conditions, I am satisfied, anticipatory bail can be
granted.
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 13.07.2007. 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 1
p.m on 14.07.2007, 15.07.07 and 06.07.2007 and thereafter between
10 a.m and 12 noon on all Mondays and Fridays for a period of two
months. Subsequently he 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 arrest
the petitioner and deal with him in accordance with law as if those
directions were not issued at all;
B.A.No.4079 of 2007 3
iv) If the petitioner were arrested prior to his surrender on
13.07.07 as directed in clause (1) above, he shall be released on bail
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 13.07.07.
(R.BASANT, JUDGE)
rtr/-