IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7705 of 2007()
1. P.U.JOSEPH, S/O.P.V.UTHUPPU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :DR.SEBASTIAN CHAMPAPPILLY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/12/2007
O R D E R
R. BASANT, J.
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B.A.No. 7705 of 2007
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Dated this the 14th day of December, 2007
O R D E R
Application for anticipatory bail. The petitioner is the
husband of the defacto complainant. The marriage took place on
24.1.2007. One child has been born in the wedlock. Crime has
been registered u/s. 489A I.P.C. on the basis of the private
complaint filed before the learned Magistrate by the defacto
complainant 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.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. There is strain in the marital tie
and on account of such strain, fanciful, false and exaggerated
allegations are being made against the petitioner. The defacto
complainant is employed abroad. She has not suffered any
external injuries as a result of the alleged physical cruelty. The
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petitioner may be saved of the undeserved trauma of arrest and inc
rceration in prison, submits the learned counsel.
3. The learned counsel for the petitioner prays, the learned
Prosecutor does not oppose the said prayer and I am satisfied that
directions under Section 438 Cr.P.C. can be issued in favour of the
petitioner. Subject to appropriate conditions, anticipatory bail can be
granted to the petitioner, I am satisfied.
4. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioner shall surrender before the learned Magistrate
on 21.12.2007 at 11 a.m. The learned Magistrate shall release the
petitioner 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.
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(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 3 p.m. on
22.12.07 and 24.12.2007 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.
(c) If the petitioner does not appear before the learned
Magistrate as directed in clause (1) above, these directions shall lapse
on 21.12.07 and the police shall be at liberty thereafter to arrest the
petitioner and deal with him in accordance with law.
(d) If the petitioner were arrested prior to his surrender on
21.12.2007 as directed in clause (1) above, he shall be released on bail
on his executing a bond for Rs.25,000/- without any surety
undertaking to appear before the learned Magistrate on 21.12.2007.
(R. BASANT)
Judge
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