IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1823 of 2008()
1. C.B.BINEESH, AGED 22,
... Petitioner
Vs
1. STATE OF KERALA TO BE REP. BY PUBLIC
... Respondent
2. S.I. OF POLICE,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :24/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1823 OF 2008 C
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Dated this the 24th day of March, 2008
O R D E R
Application for anticipatory bail. Petitioner, a young
man aged about 22 years, faces allegations as the first
accused in a crime registered for offences punishable under
the Dowry Prohibition Act. He was allegedly in love with a girl
elder to him. There was allegedly an agreement between the
young lovers to get married. His parents evidently dissuaded
him from entering such a matrimony. At the eleventh hour he
allegedly backed out from the agreement. Allegations have
been made and crime has been registered against the
petitioner/son and his father. The allegation is that the
backing out of the petitioner from the agreement to marry is
consequent to disagreement on the amount payable as
dowry. The father had approached this Court with an
application for anticipatory bail and by order dated 12.3.08 in
BA.1823/08
: 2 :
BA.1307/08 he was granted anticipatory bail subject to
conditions. The petitioner now apprehends imminent arrest.
He prays that directions under section 438 Cr.P.C. may be
issued in his favour also. The learned counsel for the
petitioner submits that it was not a case of the marriage not
taking place on account of any dispute regarding dowry.
Better counsel appears to have prevailed and the calf love did
not mature into serious matrimony, it is submitted.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer
and I am satisfied that the petitioner herein can also be
granted anticipatory bail subject to identical conditions as
were imposed on the father of the petitioner.
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
the petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 31.3.2008. He
BA.1823/08
: 3 :
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.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 5 p.m on 1.4.08 and 2.4.2008. During this period, the
investigating officer shall be at liberty to interrogate the
petitioner in custody and take all necessary steps for the
proper conduct of the investigation in this crime. Thereafter,
he shall appear before the investigating officer on all Mondays
between 5 p.m. and 6 p.m. for a period of one month and
subsequently 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 arrest the petitioner and deal with him in accordance with
BA.1823/08
: 4 :
law, as if these directions were not issued at all.
(iv) If he were arrested prior to 31.3.2008, 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 31.3.2008.
(R.BASANT, JUDGE)
aks