IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 303 of 2008() ---------------------------- CRIME 1351/07 OF MOOVATTUPUZHA POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. ABDUL SALAM, S/O IBRAHIM, PANYARPILLI HOUSE, PEZHAKKAPPILLY, MULAVOOR VILLAGE, MOOVATTUPUZHA. 2. MYTHEEN, S/O IBRAHIM, PANYARPILLI HOUSE, PEZHAKKAPPILLY, MULAVOOR VILLAGE, MOOVATTUPUZHA. 3. PATHUMMA, W/O IBRAHIM, PANYARPILLI HOUSE, PEZHAKKAPPILLY, MULAVOOR VILLAGE, MOOVATTUPUZHA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 303 OF 2008 A ```````````````````````````````````````````````````` Dated this the 18th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his relatives. Marriage took place on 24.12.95. The spouses are blessed with two children. They started separate residence from 10.2.04. On that date, there was allegedly an attack on the de facto complainant by the first accused/husband. The de facto complainant has now filed a complaint before the police. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in these circumstances of the case, that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of BA.303/08 : 2 : opposition of the learned Public Prosecutor, it is not necessary to advert to the facts in any greater detail in this order. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 25.1.08. 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 1 p.m on 28.1.08 and 29.1.08 and thereafter on all Mondays between 10 a.m and 12 noon for a period of one month. Subsequently, the petitioners shall so appear as and when directed by the investigating officer in writing to do so. BA.303/08 : 3 : (iii) 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. (iv) If they were arrested prior to 25.1.08, 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 25.1.08. (v) The 3rd petitioner, who is said to be a woman aged 70 years, need, after 29.1.08, appear only as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks