IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5047 of 2007()
1. SUNU, S/O.KAMALUDDIEN, SUNU MANZIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED THE
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :20/08/2007
O R D E R
R.BASANT, J.
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B.A.No.5047 of 2007
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Dated this the 20th day of August 2007
O R D E R
Application for anticipatory bail. The petitioner is the
husband of the de facto complainant. Marriage took place on
02/04/2000. Spouses are blessed with a child, aged six years
now. Crime has been registered. Investigation is in progress.
The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. There is strain in the
matrimonial relationship. The wife is hence making wild,
reckless and exaggerated allegations against the petitioner. The
fact that she makes allegations of sexual perversity during
pregnancy at this point of time when the child is aged six years,
must itself reveal to this court the want of bona fides, submits
the learned counsel for the petitioner.
3. The learned Public Prosecutor does not oppose the
said prayer. The learned Public Prosecutor only prays that
appropriate and strict conditions may be imposed in the interests
B.A.No.5046/07 2
of a fair and expeditious investigation. I am satisfied that
anticipatory bail can be granted to the petitioner. In coming to
this conclusion, I have taken note of all the circumstances
including the reality that arrest and incarceration of the
petitioner in custody is likely to mar all possibilities of
reconciliation and settlement of the matrimonial dispute.
Appropriate conditions can, of course, be imposed.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 30/8/2007.
ii) He shall be released 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.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 31/08/2007 and 01/09/2007 and thereafter on all
Mondays and Fridays between 10 a.m and 12 noon for a period
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of two months and subsequently 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 30/08/2007, 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
30/08/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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B.A.No.5046/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007