High Court Kerala High Court

Shaji vs State Of Kerala on 10 January, 2008

Kerala High Court
Shaji vs State Of Kerala on 10 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 90 of 2008()


1. SHAJI, S/O. K.V.VIJAYAN, AGED 65,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.V.V.RAJA

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :10/01/2008

 O R D E R
                           R.BASANT, J.
                        ----------------------
                         B.A.No.90 of 2008
                    ----------------------------------------
              Dated this the 10th day of January 2008

                               O R D E R

Application for anticipatory bail. The petitioner is the first

accused. He is the husband of the de facto complainant. The

marriage took place on 27/8/2006. There is strain in the

matrimony. The crime has been registered on the basis of a

private complaint filed by the de facto complainant before the

learned Magistrate and referred by the learned Magistrate to the

police under Section 156(3) Cr.P.C. The co-accused have

already been granted anticipatory bail by this court as per order

dated 27/11/2007 in B.A.No.7218 of 2007. Investigation is in

progress. The petitioner who is employed abroad is now

available in India. He apprehends imminent arrest.

2. The learned counsel for the petitioner submits that

the petitioner is absolutely innocent. There is strain in the

matrimonial relationship and that is prompting the de facto

complainant to make fanciful allegations against the petitioners.

The learned counsel for the petitioner prays, the learned

Public Prosecutor does not oppose the application and I am

satisfied, in the facts and circumstances of this case that the

petitioner can be granted anticipatory bail. In coming to this

conclusion I take note of the fact that arrest and detention of the

petitioners is likely to mar all possibilities of harmonious

reconciliation of the matrimonial tie. I do further take note of

the submission of the learned Public Prosecutor that the alleged

victim has suffered no external injuries corresponding to the

allegations of matrimonial cruelty alleged against the petitioner.

4. In the result, this petition is allowed. Following

directions are issued under Section 438 Cr.P.C in favour of the

petitioners.

i) Petitioner shall surrender before the learned

Magistrate having jurisdiction at 11 a.m on 17/01/2007. He shall

be released on regular bail on condition that he executes 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.

ii) The petitioner shall make himself available for

interrogation before the investigating officer between 10 a.m

and 3 p.m on 18/01/2007 and 21/01/2007. During this period,

the investigating officer shall be at liberty to interrogate the

petitioner in custody and take all necessary steps for the proper

conduct of the investigation in this crime. Thereafter the

petitioner shall so appear 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.

(iv) 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.

(v) If he were arrested prior to 17/01/2007, 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

17/01/2007.

(R.BASANT, JUDGE)

jsr

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007