IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5809 of 2007()
1. B.M.K.MOHAMMED,S/O.PUTHABBA PYARI,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/09/2007
O R D E R
R.BASANT, J.
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B.A.No.5809 of 2007
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Dated this the 26th day of September 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Section 498A I.P.C. The petitioner had married the
de facto complainant on 19/9/2004. That was the second marriage of
the de facto complainant. She has raised allegations of matrimonial
cruelty of the culpable variety against the petitioner in a private
complaint filed before the learned Magistrate which was forwarded by
the learned Magistrate to the police under Section 156(3) Cr.P.C.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am satisfied
that anticipatory bail can be granted to the petitioner subject to
appropriate terms and conditions. I take note of the reality that the
arrest and incarceration of the petitioner in custody is likely to mar
the marital tie beyond repair. In this view of the matter, I reckon, the
stand taken by the learned Public Prosecutor is fair and reasonable.
Appropriate conditions can of course be imposed to facilitate a fair,
efficient and expeditious investigation.
3. In the result, this petition is allowed. Following directions
are issued under Section 438 Cr.P.C in favour of the petitioner.
B.A.No.5809/07 2
i) Petitioner shall surrender before the learned Magistrate
having jurisdiction at 11 a.m on 03/10/2007.
ii) He shall be released on regular bail on condition that he
executes 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.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m and 3
p.m on 04/10/2007 and 05/10/2007 and thereafter on all Mondays
and Fridays between 10 a.m and 12 noon for a period of six weeks and
subsequently as and when directed by the investigating officer in
writing to do so.
(iv) 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 these
directions were not issued at all.
(v) If he were arrested prior to 03/10/2007, 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 03/10/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.5809/07 3
B.A.No.5809/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007