IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Bail Appl..No. 970 of 2008() ---------------------------- CRIME NO.31/08 OF THE ALAKKODE POLICE STATION PETITIONERS ---------------------------- 1. VARGHESE @ TONY JOSEPH, AGED 28 YRS., VENGATHANATHU HOUSE, KANJIRAMATTOM P.O., CHENGALAM EAST VILLAGE, KOTTAYAM. 2. JOSE JOSEPH, AGED 55 YRS., VENGATHANATHU HOUSE, KANJIRAMATTOM P.O., CHENGALAM EAST VILLAGE, KOTTAYAM. BY ADV. SRI.K.A.HASSAN SMT.V.K.ANJU RESPONDENTS: ------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE S.I. OF POLICE, ALAKKODE POLICE STATION, KANNUR DISTRICT. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 970 OF 2008 ------------------------------------------------- Dated this the 19th day of February, 2008 ORDER Application for anticipatory bail. The petitioners are the husband of the de facto complainant and her father-in-law. Marriage between the spouses took place on 15/2/07. Allegations of matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC are raised against the petitioners. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Sec.156(3) of the Cr.P.C. The 1st petitioner had come to this Court with a grievance that his wife – the de facto complainant herein, was being illegally detained by her parents. Thus, there is strain in the matrimonial tie. Investigation is in progress. The petitioners apprehend B.A. No. 970 OF 2008 -: 2 :- imminent arrest. 2. The learned counsel for the petitioners submits that false and vexatious allegations are being raised against the petitioners by the de facto complainant at the instance of her parents actuated by ill-will and malice. Because of the strain in the matrimony, such reckless allegations are being made. The petitioners are willing to co-operate and do all that is needful to save the matrimony. Appropriate directions under Sec.438 of the Cr.P.C. may be issued, it is prayed. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that appropriate conditions may be imposed. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioners can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned B.A. No. 970 OF 2008 -: 3 :- Magistrate having jurisdiction at 11 a.m. on 26/2/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 5 p.m. on 27/2/08 and 28/2/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two month. Subsequently, they shall so 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 these directions were not issued at all; B.A. No. 970 OF 2008 -: 4 :- (iv) If the petitioners were arrested prior to their surrender on 26/2/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 26/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge