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
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B.A.No.1919 of 2008
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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/-