IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1543 of 2008()
1. MANOJ, S/O. AIPPUTTY,
... Petitioner
2. AIPPUTTY,
3. KARTHIAYANI, W/O. AIPPUTTY,
4. OMANA, D/O. VALLON,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SMT.K.V.BHADRA KUMARI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :12/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1543 OF 2008 E
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Dated this the 12th day of March, 2008
O R D E R
Application for anticipatory bail. Petitioners are the
husband of the de facto complainant and his relatives.
Marriage between the spouses took place on 31.3.06.
Allegations of matrimonial cruelty of the culpable variety are
raised against the petitioners. 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 petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
there is strain in the matrimony and such strain is prompting
the de facto complainant to make reckless and exaggerated
allegations against the petitioners. The petitioners are willing
to abide by any reasonable conditions. Arrest and
incarceration of the petitioners would close the doors on any
possible harmonious settlement of the matrimonial dispute.
BA.1543/08
: 2 :
The petitioners may be granted anticipatory bail, submits the
learned counsel for the petitioners.
3. The learned Public Prosecutor does not oppose the
application. He submits that the de facto complainant has not
suffered any external injury corresponding to the allegations
of matrimonial physical cruelty hit on her.
4. I am satisfied, considering all the relevant
circumstances, that anticipatory bail can be granted to the
petitioners subject to terms and conditions.
5. 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 18.3.2008. 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.
ii) The petitioners shall make themselves available for
BA.1543/08
: 3 :
interrogation before the investigating officer between 10 a.m
and 3 p.m on 19.3.08 and 22.3.08 and thereafter on all
Mondays and Fridays between 10 a.m and 12 noon 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.
(iii) 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.
(iv) If they were arrested prior to 18.3.08, 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 18.3.08.
(R.BASANT, JUDGE)
aks