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Dr.Satheesh Kumar Aged 46 Years vs Sub Inspector Of Police on 16 October, 2007

Kerala High Court
Dr.Satheesh Kumar Aged 46 Years vs Sub Inspector Of Police on 16 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6227 of 2007()


1. DR.SATHEESH KUMAR AGED 46 YEARS,
                      ...  Petitioner
2. S.SHYMALA KURUP, AGED 74 YEARS,

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.PRADEESH CHACKO

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :16/10/2007

 O R D E R
                               R.BASANT, J
                        ------------------------------------
                         B.A.No.6227 of 2007
                       -------------------------------------
              Dated this the 16th day of October, 2007

                                    ORDER

Application for anticipatory bail. Petitioners are the husband and

mother in law of the defacto complainant. The mother in law is aged

about 74 years. Marriage took place in 2001. The spouses are both

medical practitioners. The defacto complainant has alleged that the

petitioners are guilty of matrimonial cruelty of the culpable variety

under Section 498 A I.P.C against her.

2. The learned counsel for the petitioners prays, the learned

Public Prosecutor does not oppose the said prayer and I am satisfied,

in the facts and circumstances of this case, that anticipatory bail can

be granted to the petitioners subject to appropriate conditions, which

shall safeguard the interests of a fair, efficient and expeditious

investigation.

3. In the result, the Bail Application is, allowed. The following

directions are issued under Section 438 Cr.P.C.

i) The petitioners shall appear before the learned Magistrate

at 11 a.m on 23.10.07. They shall be enlarged on regular bail on their

executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only)

each with two solvent sureties each for the like sum to the satisfaction

of the learned Magistrate;

B.A.No.6227 of 2007 2

ii) The petitioners shall make themselves available for

interrogation before the Investigating Officer between 10 a.m and 3

p.m on 24.10.2007 and 25.10.2007 and thereafter between 10 a.m

and 12 noon on all Mondays and Fridays for a period of one month.

Subsequently the petitioners shall make themselves available for

interrogation before the Investigating Officer as and when directed by

the Investigating Officer in writing to do so;

iii) If the petitioners do 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

petitioners and deal with them in accordance with law as if those

directions were not issued at all;

iv) If the petitioners were arrested prior to their surrender on

23.10.07 as directed in clause (1) above, they shall be released from

custody on their executing a bond for Rs.25,000/- (Rupees Twenty

Five thousand only) each without any sureties undertaking to appear

before the learned Magistrate on 23.10.07.

(R.BASANT, JUDGE)
rtr/-

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