High Court Kerala High Court

Sunil vs State Of Kerala Represented By The on 6 September, 2007

Kerala High Court
Sunil vs State Of Kerala Represented By The on 6 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5281 of 2007()


1. SUNIL, S/O.RAJAN ACHARI,
                      ...  Petitioner
2. RAJAN ACHARI, S/O.SANKARAN ACHARI,
3. OMANA, D/O.CHELLAMMA,
4. SURESH, S/O.RAJAN ACHARI,
5. SUNDARESHAN, S/O.RAJAN ACHARI,
6. SUSHEELA, W/O.CHELLAPPAN,
7. SUMA, W/O.BABU,

                        Vs



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

                For Petitioner  :SRI.SAJU.S.A

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :06/09/2007

 O R D E R
                              R. BASANT, J.
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                        B.A.No. 5281 of 2007
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              Dated this the 6th day of September, 2007

                                  O R D E R

Application for anticipatory bail. The petitioners are husband

of the defacto complainant and his relatives. The petitioners face

allegations in a crime registered, inter alia, under Section 498A I.P.C.

2. The facts appear to be weired. The marriage between the

first petitioner and the defacto complainant took place on 19.8.2007.

On 20.8.07 the defacto complainant was before the local Sub

Inspector raising an allegation of matrimonial cruelty. Crime has

been registered. Investigation is in progress. The petitioners

apprehend imminent arrest.

3. The crux of the allegations against the petitioners is that the

defacto complainant’s request to continue her education was turned

down. Abusive words were used. She was allegedly told that she

had been married and brought into the family not for continuation of

her education, but to do work in the house hold.

4. The learned counsel for the petitioners submits that there

were problems in the marriage and vexatious and exaggerated

B.A.No. 5281 of 2007
2

allegations are being made by the defacto complainant, who has influential

relatives in the police force, with the sole intention of harassing the

petitioners. In any event, directions under Section 438 Cr.P.C. may be

issued in favour of the petitioners, it is prayed.

5. The learned Prosecutor does not oppose the application. He

only submits that appropriate conditions may be imposed in the interests of

a fair, efficient and expeditious investigation. I find merit in the stand

taken by the learned Prosecutor. I am satisfied that directions under

Section 438 Cr.P.C. can be issued in favour of the petitioner. Arrest and

incarceration of the petitioner is likely to mar all possibilities of

reconciliation of marital relationship. Subject to appropriate conditions,

anticipatory bail can be granted to the petitioner.

6. 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

12.9.2007 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.

B.A.No. 5281 of 2007
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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 13.9.07,

and 14.9.2007 and thereafter on all Mondays and Fridays between 10

a.m. and 12 noon for a period of one month 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 12.9.07 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 12.9.2007

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 12.9.2007.

(R. BASANT)
Judge

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