IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3691 of 2007()
1. RAJESH P.K., S/O.HARIDASAN, AGED 35
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE, PERAMBRA POLICE
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.N.RAVINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/06/2007
O R D E R
R.BASANT, J
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B.A.No.3691 of 2007
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Dated this the 19th day of June, 2007
ORDER
Application for anticipatory bail. The 1st petitioner is the
husband of the defacto complainant. Some of the co-accused have
been granted anticipatory bail by the learned Sessions Judge.
Petitioner’s prayer was turned down. Marriage took place in 2003.
There is strain in the relationship between the spouses. They are
residing separately. Wife so residing separately has filed a private
complaint. That was referred to the police under Section 156(3)
Cr.P.C. Investigation is in progress. Petitioner apprehends imminent
arrest for the offence under Section 498 A I.P.C.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not seriously oppose the said prayer and I am
satisfied that direction under Section 438 Cr.P.C can be issued in
favour of the petitioner. In coming to this conclusion, I take note of
the fact that no serious injuries are suffered by the victim and the
contention is that fanciful and exaggerated allegations are raised
because of the strain in the matrimonial relationship. Appropriate
conditions can be imposed in the interests of a fair, efficient and
expeditious investigation.
B.A.No.3691 of 2007 2
3. 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
having jurisdiction at 11 a.m on 26.06.2007. He shall be released on
regular bail on his executing a bond 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 petitioner shall make himself available for
interrogation before the Investigating Officer between 10 a.m and 4
p.m on 27.06.2007 and thereafter between 10 a.m and 12 noon on all
Mondays and Fridays until further orders;
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
26.06.07 as directed in clause (1) above, he shall be released 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 26.06.07.
(R.BASANT, JUDGE)
rtr/-
B.A.No.3691 of 2007 3