IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5693 of 2007()
1. BIJU K.MATHEW,AGED 27,KANNANKARA VEEDU,
... Petitioner
2. K.M.PAPPACHAN @ MATHAI THOMAS,
3. ALIAMMA PAPPACHAN,AGED 56,
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
2. SUB INSPECTOR OF POLICE,ARANMULA.
For Petitioner :SRI.P.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/09/2007
O R D E R
R.BASANT, J
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B.A.No. 5693 of 2007
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Dated this the 19th day of September, 2007
ORDER
Application for anticipatory bail. There are three petitioners.
The learned Public Prosecutor submits that the petitioners 2 and 3
have already been deleted from the array of accused. Their prayer
for anticipatory bail can hence be dismissed as unnecessary.
2. The 1st petitioner is the husband of the de facto
complainant. Marriage took place on 13.7.06. There is strain in the
matrimony. Crime has been registered on the basis of a private
complaint filed by the de facto complainant before the learned
Magistrate and referred by the learned Magistrate to the Police
under Sec.156(3) Cr.P.C. Investigation is in progress. The
petitioner apprehends imminent arrest.
3. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am satisfied
the petitioner can now be granted anticipatory bail. In coming to
the conclusion, I take note of the fact that the arrest and
incarceration of the petitioners is likely to mar the matrimonial tie
beyond repair. Appropriate conditions can of course be imposed in
B.A.No. 5693 of 2007 2
the interests of a fair, efficient and proper investigation. The
learned Public Prosecutor submits that the de facto complainant has
not suffered any injuries on account of the alleged cruelty.
4. In the result this petition is allowed. The following
directions are issued under Sec.438 Cr.P.C in favour of the 1st
petitioner.
i) Petitioner shall surrender before the learned Magistrate
having jurisdiction on 26.09.2007.
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 1
p.m on 27.09.07 and 28.09.07 and thereafter on all Mondays and
Fridays between 10 a.m and 12 noon for a period of one month.
Subsequently the petitioner shall so appear 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
B.A.No. 5693 of 2007 3
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 26.09.2007, he shall be
released on bail 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 26.09.07.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE