IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5966 of 2007()
1. MANIKANTAN, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. LATHIKA, D/O. CHELLAMMA, AGED 40 YRS,
For Petitioner :SRI.V.JAYAPRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/10/2007
O R D E R
R. BASANT, J.
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B.A. No. 5966 OF 2007
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Dated this the 3rd day of October, 2007
ORDER
Application for anticipatory bail. The petitioner is the
husband of the de facto complainant. He faces allegations in a
crime registered under Sec.498A of the IPC. The gravamen of
the allegations is that the petitioner is compelling the de facto
complainant/wife to sell certain items of property. The
marriage took place on 6/1/95. No issues are born in the wed-
lock. It was the second marriage of both the spouses. There
is strain in the matrimony. Because of such strain, false,
frivolous and vexatious allegations are being raised against the
petitioner, it is submitted. The learned counsel for the
petitioner, in these circumstances, prays that anticipatory bail
may be granted to the petitioner.
2. The learned Public Prosecutor does not oppose the
B.A. No. 5966 OF 2007 -: 2 :-
said prayer. The learned Public Prosecutor submits that there is
no specific allegation of any physical cruelty also. I am satisfied,
in these circumstances, that the anticipatory bail can be granted
to the petitioner. In coming to this conclusion, I take note the
reality that the arrest and incarceration of the petitioner is likely
to mar all chances of harmonious resolution of the matrimonial
dispute.
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 9/10/07. 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 10/10/07 and 11/10/07 and thereafter on all
Mondays and Fridays between 10 a.m. and 12 noon for a period
of two months. 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 these directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
on 9/10/07 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 9/10/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge