IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 676 of 2008() ---------------------------- CRIME NOT REGISTERED PETITIONER --------------------------- 1. SHYAMKUMAR.T.P., S/O.LATE N.PEETHAMBARAN, THYPARAMBIL HOUSE, YENDAYAR P.O., MUNDAKKAYAM, KOTTAYAM. 2. SANTHAKUMARI, W/O.LATE N.PEETHAMBARAN, DO. DO. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUNDAKAYAM, S/O.STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, ALONG WITH BA NO. 786 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 676 & 786 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 O R D E R These applications are for anticipatory bail. The petitioners herein are the husband of the defacto complainant and his mother and sister. They face allegations in a crime registered for the offence punishable under Section 498A I.P.C. The marriage between the spouses took place on 15.7.2007. It is alleged that the petitioners are guilty of matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. Crime has been registered on the basis of a private complaint filed by the defacto complainant and 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 the petitioners are innocent. There is some strain in the matrimonial relationship. Because of such strain false, frivolous and vexatious allegations are being raised against the petitioners. They do not B.A.Nos. 676 & 786 of 2008 2 deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application and 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. In coming to this conclusion I take note of the reality that the arrest and incarceration of the petitioners is likely to mar all possibilities of harmonious reconciliation of marital relationship. I further take note of the submission of the learned Prosecutor that there is no external injury suffered by the victim corresponding to the allegations of physical cruelty. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 13.2.2008 at 11 a.m. The learned Magistrate shall release the B.A.Nos. 676 & 786 of 2008 3 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) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 14.2.08 and 15.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter The first accused/husband shall appear before the Investigating Officer 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. (c) If the petitioner/A1 does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 13.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. B.A.Nos. 676 & 786 of 2008 4 (d) If the petitioner/A1 were arrested prior to his surrender on 13.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 13.2.2008. (R. BASANT) Judge tm