IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1302 of 2008() ----------------------------- CREIME NO.81/07 OF AMBALAVAYAL POLICE STATION CRMP.94/2008 of DISTRICT COURT, KALPETTA .................... PETITIONERS : 1 TO 3 ACCUSED ------------------------------- 1. BIJU, S/O.CHANDRAN, PUTHUKATTIL HOUSE KONNACHAL, ERUMADE P.O., TAMIL NADU. 2. DHAKASHAYANI, W/O.CHANDRAN PUTHUKATTIL HOUSE, KONNACHAL P.O., ERUMADE, PANTHALOOR TALUK. 3. BIBU, S/O.CHANDRAN, PUTHUKATTIL HOUSE KONNACHAL, ERUMADE P.O., PANTHALOOR TALUK TAMIL NADU. BY ADV. SRI.S.M.PRASANTH RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1302 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the defacto complainant and his relatives. They face allegations in a crime registered under Section 498A r/w. 34 I.P.C. Crime has been registered on the basis of the private complaint filed by the defacto complainant before the Magistrate 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. The marriage between the spouses had taken place on 14.5.2006. The spouses have not been blessed with any children so far. 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 deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. B.A.No. 1302 of 2008 2 3. The learned Prosecutor submits that even though there is an allegation that physical cruelty inflicted on the defacto complainant had resulted in an earlier instance of abortion, the spouses had resumed cohabitation thereafter and at present there is no allegation of any physical injury having been suffered on account of any physical cruelty. 4. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail, subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 11.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds B.A.No. 1302 of 2008 3 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 12.3.08 and 13.3.2008. 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 they 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. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 11.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 11.3.2008 as directed in clause (1) above, they shall be released on B.A.No. 1302 of 2008 4 bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 11.3.2008. (R. BASANT) Judge tm