IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 411 of 2008() ---------------------------- CRIME 4/08 OF ULIKKAL POLICE STATION PETITIONERS/APPLICANTS/ACCUSED ----------------------------------- 1. RAJITH KUMAR P.P., AGED 38 YEARS, S/O. CHATHUKUTTY, MAROLI HOUSE, AYITHARAMAMBARAM P.O., KANDAM KUNNU VILLAGE, KAITHERI AMSOM, THALASSERY TALUK. 2. P.P.RAMACHANDRAN, AGED 52 YEARS, S/O. LATE CHATHUKUTTY, MAROLI HOUSE, AYITHARAMAMBARAM P.O., KANDAM KUNNU VILLAGE, KAITHERI AMSOM, THALASSERY TALUK. 3. LAKSHMI, AGED 79 YEARS, W/O.CHATHUKUTTY, MAROLI HOUSE, AYITHARAMAMBARAM P.O., KANDAM KUNNU VILLAGE, KAITHERI AMSOM, THALASSERI TALUK. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, S.H.O., ULIKKAL POLICE STATION. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 411 OF 2008 F ```````````````````````````````````````````````````` Dated this the 18th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his relatives. They face allegations in a crime registered under section 498A IPC. The crime in turn was registered on the basis of a private complaint filed by the de facto complainant and referred to the police under section 156(3) Cr.P.C. The de facto complainant has suffered no physical injury, it is submitted. The marriage took place on 24.1.05. The spouses are not blessed with any children. The wife is allegedly undergoing psychiatric treatment. 2. The learned counsel for the petitioners prays the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. BA.411/08 : 2 : The 1st petitioner is shown to be a police constable. The learned Public Prosecutor has obtained the case diary. The learned Public Prosecutor points out that there are indications to suggest that the victim/de facto complainant is undergoing psychiatric treatment. The statement of the medical officer has been read over to this Court by the learned Public Prosecutor. It shows that the alleged mental ailment of the de facto complainant has not been shown to have any reference to any cruelty allegedly inflicted on her by the petitioners. I am satisfied, in the facts and circumstances of the case, that anticipatory bail can be granted to the petitioners. In the absence of the opposition by 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 BA.411/08 : 3 : Magistrate having jurisdiction at 11 a.m on 25.2.2008. 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) Petitioners 1 and 2 shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 26.2.08 and 27.2.08. During this period, the investigating officer shall be at liberty to interrogate them in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently, they shall so appear as and when directed by the investigating officer in writing to do so. iii) The 3rd petitioner shall make herself available for interrogation as and when directed by the investigating officer in writing to do so. BA.411/08 : 4 : 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 25.2.2008, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 25.2.08. (R.BASANT, JUDGE) aks