Balakrishnan A vs The State Of Kerala on 17 October, 2007

Kerala High Court
Balakrishnan A vs The State Of Kerala on 17 October, 2007




Bail Appl No. 6271 of 2007()

                      ...  Petitioner


                       ...       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.
                    B.A. No.6271 OF 2007
         Dated this the 17th day of October, 2007


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





//true copy//

P.S. to Judge

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