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P.C.ABOOBACKER, S/O.KUNHAHAMMED versus STATE OF KERALA REPRESENTED BY

High Court of Kerala

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P.C.ABOOBACKER, S/O.KUNHAHAMMED v. STATE OF KERALA REPRESENTED BY - Bail Appl No. 5075 of 2007 [2007] RD-KL 16207 (21 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5075 of 2007()

1. P.C.ABOOBACKER, S/O.KUNHAHAMMED,
... Petitioner

Vs

1. STATE OF KERALA REPRESENTED BY
... Respondent

For Petitioner :SRI.K.A.SALIL NARAYANAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :21/08/2007

O R D E R

R.BASANT, J.

B.A.No.5075 of 2007

Dated this the 21st day of August 2007

O R D E R

Application for anticipatory bail. The petitioner faces allegations inter alia under Section 498A I.P.C. This is the second marriage of both spouses. The marriage took place in 1994. The spouses are not blessed with any children in their matrimony. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police 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 circumstances to which brief reference has already been made by me that the petitioner can be granted anticipatory bail. In coming to this conclusion, the fact that the petitioner is not alleged to be guilty of any physical cruelty resulting in injuries and the reality that if the petitioner were arrested and detained in custody, that would close the doors of all possibility of harmonious reconciliation of the matrimonial dispute do weigh with me considerably.

4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.5046/07 2

i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 30/08/2007. 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 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 B.A.No.5046/07 3 B.A.No.5046/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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