Court: Kerala High Court
Bench: JUSTICE R. BASANT
T.C.Mathew vs State Of Kerala on 16 July, 2007
SRI.S.RAJEEV, Adv. For the appellant.
PP For the respondent.
Law Point:
Antcipatory bail u/s 438 CrPC in 498A
JUDGEMENT
Application for anticipatory bail. The petitioners are the husband and step-mother of the husband of the de facto complainant. The marriage between the spouses took place on 13/2/2006. The petitioners face allegations under Section 498A I.P.C. A crime was registered inter alia under Section 498A read with 34 I.P.C on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioner submits, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail. In coming to this conclusion, the reality that if the petitioners were arrested and detained in custody, that would mar all possibilities of harmony in the marriage, does weigh with me considerably. No specific allegations of overt physical violence is made also.
3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner.
i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 23/7/2007.
ii) They shall be released 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.
iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 24/07/2007 and 25/07/2007 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 petitioners do 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 petitioners and deal with them in accordance with law, as if these directions were not issued at all.
(v) If they were arrested prior to 23/7/2007, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 23/7/2007.
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