IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5356 of 2007()
1. KRISHNAMOORTHY @ M.D.K.BABU, S/O.MANI,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.MANSOOR.B.H.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/09/2007
O R D E R
R.BASANT, J.
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B.A.No.5356 of 2007
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Dated this the 7th day of September 2007
O R D E R
Application for anticipatory bail. The petitioner is the husband
of the de facto complainant. He faces allegations inter alia under
Section 498A I.P.C. The crime has been 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.
Investigation is in progress. The petitioner apprehends imminent
arrest. Marriage took place on 6/7/2006. There is some strain in the
matrimony. The learned counsel for the petitioner submits that
because of such strain in matrimony, the de facto complainant/wife is
raising fanciful and exaggerated allegations against the petitioner.
The petitioner does not deserve to endure the trauma of arrest and
incarceration in prison. Anticipatory bail may, in these circumstances,
be granted to the petitioner, prays the learned counsel for the
petitioner.
2. The learned Public Prosecutor does not oppose the prayer
for anticipatory bail. I reckon that as an informed and reasonable
stand taken by the learned Public Prosecutor. Arrest and
incarceration of the petitioner in custody will mar all possibilities of a
B.A.No.5356/07 2
harmonious reconciliation of the spouses in the infant marriage,
appropriate conditions to facilitate a harmonious settlement of the
dispute can of course be imposed.
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 14/09/2007.
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 3
p.m on 15/09/2007 and 16/09/2007 and thereafter on all Mondays
between 10 a.m and 12 noon for a period of two months and
subsequently 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
the petitioner and deal with him in accordance with law, as if these
directions were not issued at all.
B.A.No.5356/07 3
(v) If he were arrested prior to 14/09/2007, 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 14/09/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.5356/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007