IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1251 of 2008()
1. SANTHOSHKUMAR R., S/O. RAMACHANDRAN,
... Petitioner
2. RAMACHANDRAN P., AGED 64 YEARS,
3. OMANA K.,
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/02/2008
O R D E R
R. BASANT, J.
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B.A. No. 1251 OF 2008 F
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Dated this the 29th day of February, 2008
O R D E R
Application for anticipatory bail. Petitioners are the
husband of the de facto complainant and his relatives. The
marriage took place on 12.9.03. The spouses are blessed
with one child. There is some strain in the matrimony. The
crime has been registered alleging offences punishable, inter
alia, under section 498A IPC. It is registered on the basis of a
private complaint filed before the Magistrate and referred to
the police by the learned Magistrate under section 156(3)
Cr.P.C. Investigation is in progress. The petitioners
apprehend imminent arrest.
2. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer
and I am satisfied, in the facts and circumstances of this case,
that the petitioners can be granted anticipatory bail. In the
BA.1251/08
: 2 :
absence of the opposition by the learned Public Prosecutor, I
am not adverting to the facts in any greater detail in this order.
3. 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 7.3.2008. 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
interrogation before the investigating officer between 10 a.m
and 3 p.m on 10.3.08 and 11.3.08 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.
BA.1251/08
: 3 :
(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 7.3.08, they shall be
released from custody on their executing bonds for
Rs.25,000/- (Rupees twenty five thousand only) each without
any sureties, undertaking to appear before the learned
Magistrate on 7.3.08.
(R.BASANT, JUDGE)
aks