IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6271 of 2007()
1. BALAKRISHNAN A, S/O.KUNHAMBU,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.RAJESH NAMBIAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/10/2007
O R D E R
R. BASANT, J.
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B.A. No.6271 OF 2007
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Dated this the 17th day of October, 2007
ORDER
Application for anticipatory bail. The petitioner is the
husband of the de facto complainant. He faces allegations of
matrimonial cruelty of the culpable variety punishable under
Sec.498A of the IPC. The marriage took place on 15/3/06. The
spouses are blessed with one child. The crime was registered
on the basis of a private complaint filed by the de facto
complainant before the learned Magistrate and referred it the
police by the learned Magistrate under Sec.156(3) of the
Cr.P.C. Investigation is in progress. The petitioner
apprehends imminent arrest. Some of the co-accused have
been deleted. Others have been granted anticipatory bail by
the learned Sessions Judge.
2. The learned counsel for the petitioner prays, the
B.A. No.6271 OF 2007 -: 2 :-
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that the petitioner can be granted anticipatory bail.
In coming to this conclusion, I take note of the fact that the
arrest and incarceration of the petitioner are likely to mar all
possibilities of harmonious settlement of the matrimonial
dispute. I do further take note of the submission of the learned
Public Prosecutor that no external injury has resulted from the
alleged cruelty inflicted on the victim. That there is an infant
child is also particularly taken note of by me.
3. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioner shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 24/10/07. He shall
be released on regular bail on his executing a bond for
Rs.25,000/- 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 25/10/07 and 26/10/07 and thereafter on all
Mondays and Fridays between 10 a.m. and 12 noon for a period
of two months. Subsequently, he shall so make himself available
for interrogation before the Investigating Officer as and when
B.A. No.6271 OF 2007 -: 3 :-
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 these directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
on 24/10/07 as directed in clause (i) above, he shall be released
on his executing a bond for Rs.25,000/- without any sureties
undertaking to appear before the learned Magistrate on
24/10/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
