IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4469 of 2007()
1. KUMARAN, AGED 40 YEARS, S/O.KANDARI,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.B.PREMOD
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/07/2007
O R D E R
R. BASANT, J.
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B.A. NO.4469 OF 2007
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Dated this the 26th day of July, 2007
ORDER
Application for anticipatory bail. The petitioner is the 1st
accused and the husband of the de facto complainant. A crime
has been registered, inter alia, under Sec.498A of the IPC.
The crime is registered on the basis of a private complaint filed
before the learned Magistrate and referred to the police by the
learned Magistrate under Sec.156(3) of the Cr.P.C.
Investigation is in progress. The petitioner apprehends
imminent arrest. The co-accused have already been granted
anticipatory bail by the learned Sessions Judge. The marriage
took place on 2/7/06. A child is born in the wed-lock.
2. The petitioner in this petition prays, the learned
Public Prosecutor does not raise any objection, I am satisfied,
in the facts and circumstances briefly indicated above, that
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anticipatory bail can be granted to the petitioner. In coming to
this conclusion, I take note of the fact that there is no allegation
of any physical cruelty resulting in any injuries. I do further
take note of the fact that the arrest and incarceration of the
petitioner is likely to mar the matrimonial relationship beyond
repair. Subject to appropriate conditions, anticipatory bail can
be granted to the petitioner, in these circumstances.
3. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioner shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 2/8/07. He shall be
released on regular bail on his executing a bond for Rs.25,000/-
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 3 p.m. on 3/8/07 and 4/8/07 and thereafter on all Mondays
between 10 a.m. and 12 noon for a period of one month.
Subsequently, he shall so make himself available for
interrogation before the Investigating Officer as and when
directed by the Investigating Officer in writing to do so.
(iii) If the petitioner does not appear before the learned
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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 those directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
on 1/8/07 as directed in clause (i) above, he shall be released on
his executing a bond for Rs.25,000/- without any sureties
undertaking to appear before the learned Magistrate on 1/8/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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