IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5666 of 2007()
1. VIDHYADHARAN,S/O. JANARDHANAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.R.SURAJ KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/09/2007
O R D E R
R.BASANT, J
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B.A.No.5666 of 2007
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Dated this the 19th day of September, 2007
ORDER
Application for anticipatory bail. The petitioner faces allegations
under Section 498 A I.P.C. He was allegedly guilty of matrimonial
cruelty of the culpable variety against his wife. The marriage took
place in 2006. Spouses are not blessed with any children. Crime has
been registered on the basis of a private complaint filed by the
complainant before the learned Magistrate which has been referred to
the police by the learned Magistrate under Section 156(3) Cr.P.C.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. 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 this case that anticipatory bail can be
granted to the petitioner, subject to appropriate conditions.
3. I reckon the stand taken by the learned Public Prosecutor
as reasonable as arrest and incarceration of the petitioner is likely to
mar all possibility of reconciliation in the matrimony. Appropriate
conditions can, of course, be imposed in the interests of a fair, efficient
and expeditious investigation.
B.A.No.5666 of 2007 2
4. In the result, the Bail Application is, allowed. The following
directions are issued under Section 438 Cr.P.C.
i) The petitioner shall appear before the learned Magistrate at
11 a.m on 26.09.2007. He shall be enlarged on regular bail on his
executing 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;
ii) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m and 1 p.m on
27.09.2007 and 28.09.2007 and thereafter between 10 a.m and 12
noon on all Mondays and Fridays for a period of two months.
Subsequently the petitioner shall make himself available for
interrogation 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 those
directions were not issued at all;
iv) If the petitioner were arrested prior to his surrender on
26.09.07 as directed in clause (1) above, he shall be released from
B.A.No.5666 of 2007 3
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 26.09.07.
(R.BASANT, JUDGE)
rtr/-