IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1884 of 2008() ----------------------------- CRIME NO.249/08 OF THRIKKAKARA POLICE STATION PETITIONERS : ----------------- 1. D.K.MANIKANDA DAS, AGED 30 YEARS, S/O.D.S.KARTHIKEYAN, H.NO.5/20, PALLATHUNJALIL, THENGODUE P.O., KOCHI-21. 2. I.K.SAROJINI, AGED 64 YEARS, W/O.D.S.KARTHIKEYAN, H.NO.5/20, PALLATHUNJALIL, THENGODUE P.O., KOCHI-21. BY ADV. SRI.K.RAVIKUMAR SMT.N.N.GIRIJA RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CR.NO.249/2008 OF THRIKKAKARA POLICE STATION). BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1884 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are the husband and mother in law of the defacto complainant. The marriage took place in September, 2005. The spouses are blessed with one child. They are residing separately consequent to strain in the matrimony. A complaint was filed by the defacto complainant before the police alleging commission of the offences of matrimonial cruelty punishable under Section 498 A I.P.C. Crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioners submits that the petitioner is innocent. There is strain in the matrimony and because of such strain, false, frivolous and exaggerated allegations are being raised against the petitioners. In these circumstances, the petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the said prayer. The learned Public Prosecutor submits that the victim has not suffered any physical injury corresponding to the allegations of physical cruelty. I am satisfied that anticipatory bail can the granted to the petitioners in these circumstances. B.A.No.1884 of 2008 2 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 02.04.2008. They shall be enlarged on regular bail on their executing bond 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 4 p.m on 03.04.08 and 04.04.08 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months. Subsequently the petitioners shall make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 02.04.08 as directed in clause (1) above, 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 02.04.08. (R.BASANT, JUDGE) rtr/- B.A.No.1884 of 2008 3