IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4857 of 2007()
1. SAJAN E.N., AGED 25 YEARS, S/O. MATHEW,
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/08/2007
O R D E R
R.BASANT, J
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B.A.No.4857 of 2007
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Dated this the 10th day of August, 2007
ORDER
Application for anticipatory bail. Petitioners face allegations in a
crime registered under Section 498A IPC. The marriage took place
only on 27.11.05. The spouses are blessed with one child. The
petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that there is
strain in the matrimony. Because of such strain false, exaggerated
and vexatious allegations are raised. Subject to appropriate conditions
anticipatory bail may be granted the petitioner, it is submitted.
Investigation is in progress. The petitioner may be granted anticipatory
bail, it is prayed.
3. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am satisfied,
in the facts and circumstances of the case referred above , that
anticipatory bail can be granted to the petitioner.
4. In coming to the conclusion, I take note of the fact that the
arrest and incarceration of the petitioner is likely to mar the
matrimonial tie beyond repair. Appropriate conditions can of course be
imposed in the interests of a fair, efficient and proper investigation.
5. In the result, this application is allowed. The following
directions were issued under Section 438 Cr.P.C.:-
B.A.No.4857 of 2007
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i) The petitioner shall appear before the learned Magistrate
having jurisdiction at 11 a.m on 17.08.07 He shall be enlarged on
regular bail on his executing a bond 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 petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 3 p.m on
18.08.07, 20.08.07 & 21.08.07 and thereafter between 10 a.m and 3
p.m on all Mondays and Fridays for a period of two months.
Subsequently he shall appear 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 arrest the
petitioner and deal with him in accordance with law, as if these
directions were not issued at all.
(iv) If he were arrested prior to 17.08.07, he shall be released
from custody on his executing a bond for Rs.25,000/- (Rupees twenty
five thousand only) without any sureties, undertaking to appear before
the learned Magistrate on 17.08.07.
(R.BASANT, JUDGE)
sj
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