IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5847 of 2007()
1. JOBY.M.JOHN, AGED 34,
... Petitioner
2. CHINNAMA JOHN, AGED 55,
3. JOHN, AGED 58,
4. JOMY TOJO,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.RENJITH B.MARAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/09/2007
O R D E R
R.BASANT, J.
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B.A.No.5847 of 2007
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Dated this the 26th day of September 2007
O R D E R
Application for anticipatory bail. The petitioners are
husband of the de facto complainant and his relatives. They face
allegations under Section 498A I.P.C. There was an allegation
under Section 324 I.P.C also; but later the said allegation has
been deleted. Crime was registered on the basis of a private
complaint filed before the learned Magistrate and referred by
the learned Magistrate to the police under Section 156(3)
Cr.P.C. Marriage took place on 12/10/2003. The spouses are
blessed with one child. Matrimonial proceedings are pending
before the matrimonial courts. Investigation is in progress. The
petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
because of the strain in the matrimony, exaggerated, false and
fanciful allegations are being raised by the de facto complainant.
It is prayed that directions under Section 438 Cr.P.C may be
issued to save the petitioners from the undeserved trauma of
arrest and detention.
B.A.No.5847/07 2
3. The learned Public Prosecutor does not oppose the
said prayer. I reckon the stand taken by the learned Public
Prosecutor is fair and reasonable. I take note of the reality that
the arrest and incarceration of the petitioners is likely to close
the doors of any attempt of harmonious settlement of the
matrimonial dispute. I do further note that there is absolutely no
specific physical injury corresponding to the allegations of
cruelty raised. I am, in these circumstances, satisfied that
subject to appropriate conditions, anticipatory bail can be
granted.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 03/10/2007.
ii) They shall be released on regular bail on condition
that they execute bonds 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.5847/07 3
iii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 1 p.m on 04/10/2007 and 05/10/2007 and thereafter on all
Mondays and Fridays between 10 a.m and 1 p.m for a period of
two months. Subsequently the petitioners shall so appear as and
when directed by the investigating officer in writing to do so.
(iv) 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 these directions were not issued at all.
(v) If they were arrested prior to 03/10/2007, they shall
be released from custody on their executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate on
03/10/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.5847/07 4
B.A.No.5847/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007