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B. GOPALAKRISHNAN, S/O. BHASKARAN versus STATE OF KERALA

High Court of Kerala

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B. GOPALAKRISHNAN, S/O. BHASKARAN v. STATE OF KERALA - Bail Appl No. 5132 of 2007 [2007] RD-KL 16685 (5 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5132 of 2007()

1. B. GOPALAKRISHNAN, S/O. BHASKARAN,
... Petitioner

2. KOCHIKKA, W/O. BHASKARAN,

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.K.V.ANIL KUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :05/09/2007

O R D E R

R. BASANT, J.


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B.A.No. 5132 of 2007
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Dated this the 5th day of September, 2007

O R D E R

Application for anticipatory bail. The petitioners are husband and mother-in-law of the defacto complaint. Crime has been registered for offences punishable, inter alia, under Section 498A I.P.C. It was registered on the basis of a private complaint filed by the defacto complainant before the learned Magistrate, which was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that marriage had taken place on 17.4.20035. Three children have born in the wedlock, it is submitted. There is strain in the matrimony and such strain is prompting the defacto complaint to raise vexatious allegations against the petitioners. At any rate, exaggerated and fanciful allegations raised by the defacto complainant may not expose the petitioners to suffer the undeserved trauma of arrest and incarceration in prison. They are willing to co-operate with the B.A.No. 5132 of 2007 2 investigation. Subject to any conditions, anticipatory bail may be granted to the petitioners, it is prayed.

3. The learned Prosecutor does not oppose the application. He submits that there is no specific allegation of any physical cruelty resulting in any injuries. I reckon the stand taken by the learned Prosecutor as absolutely reasonable. I am satisfied that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. Arrest and incarceration of the petitioners is likely to mar all possibilities of reconciliation of marital relationship. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners.

4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C.

(a) The petitioners shall surrender before the learned Magistrate on 11.9.2007 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No. 5132 of 2007 3

(b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 12.9.07 and 13.9.2007 and thereafter shall appear 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.

(d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 11.9.06 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law.

(b) If the petitioners were arrested prior to their surrender on 11.9.2006 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 11.9.2007. (R. BASANT) Judge tm


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