IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4122 of 2007()
1. S.A.ABOOBACKER,S/O.ABDULLA,
... Petitioner
Vs
1. STATE OF KERALA REP BY INSPECTOR OF
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :09/07/2007
O R D E R
R. BASANT, J.
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B.A.NO. 4122 OF 2007
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Dated this the 9th day of July, 2007
ORDER
Application for anticipatory bail. The petitioner is the
husband of the de facto complainant. The marriage took place
on 29/4/04. A child has been born in the wed-lock. There is
strain in the matrimonial relationship. The de facto
complainant has filed a private complaint which has been
referred to the police under Sec.156(3) of the Cr.P.C.
Investigation is in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not seriously oppose the said
prayer and I am satisfied that directions under Sec.438 of the
Cr.P.C. can be issued in favour of the petitioner. In coming to
this conclusion, I take note of the submission of the learned
B.A.NO. 4122 OF 2007 -: 2 :-
counsel for the petitioner that if the petitioner were arrested and
detained in custody, that would mar all possibilities of
harmonious settlement of the dispute between the parties.
Subject to appropriate conditions, anticipatory bail can be
granted to the petitioner, I am satisfied.
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 16/7/07. 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 17/8/07 and 18/7/07 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
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
B.A.NO. 4122 OF 2007 -: 3 :-
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 16/7/07 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 16/7/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge