IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4439 of 2007()
1. MANIKANDAN, S/O.RAMAN NAIR,
... Petitioner
2. BALAMANI AMMA, W/O.RAMAN NAIR,
3. MAHINDRAN, S/O.RAMAN NAIR,
4. SUMA, D/O.RAMAN NAIR,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 4439 of 2007
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Dated this the 23rd day of July, 2007
O R D E R
Application for anticipatory bail. The petitioners are husband
and relatives of the husband of the defacto complainant. They face
allegations in a crime registered 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 to the police under Section
156(3) Cr.P.C. Investigation is in progress. The petitioners
apprehend imminent arrest.
2. The marriage had taken place in 2003. The spouses are
blessed with a child. The learned counsel for the petitioners submits
that merely because of the strain in the matrimony, untenable
allegations are raised to vex and harass the petitioners. Anticipatory
bail may, in these circumstances, be granted to the petitioners, it is
prayed.
3. The learned Prosecutor does not fairly oppose the
application, but only prays that appropriate conditions may be
imposed. Having considered all the relevant inputs, I reckon that as
B.A.No. 4439 of 2007
2
an informed and fair stand taken by the learned Prosecutor. I am satisfied in
the circumstances of this case that appropriate direction under Section 438
Cr.P.C. can be issued in favour of the petitioner. In coming to this
conclusion I take note of the reality that if the petitioners were arrested and
detained in custody, that would mar all possibilities of reconciliation of
marital relationship.
4. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438 Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate on
30.7.2007 at 11 a.m. The learned Magistrate shall release them on regular
bail on condition that they execute bonda 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) The petitioners shall make themselves available for interrogation
before the Investigating Officer between 10 a.m. and 3 p.m. on 31.7.07 and
1.8.2007 and thereafter on all Mondays and Fridays 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.
B.A.No. 4439 of 2007
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(c) If the petitioners do not appear before the learned Magistrate as
directed in clause (1) above, these directions shall lapse on 30.7.06 and the
police shall be at liberty thereafter to arrest the petitioners and deal with
them in accordance with law.
(d) If the petitioners were arrested prior to their surrender on
30.7.2006 as directed in clause (1) above, they shall be released from
custody on their executing bonds for Rs.25,000/- each without any surety
undertaking to appear before the learned Magistrate on 30.7.2007.
(R. BASANT)
Judge
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