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)
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