IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8067 of 2007() ----------------------------- CRIME NO.1137/07 OF KALAMASSERY POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. NOUSHAD T., AGED 24, S/O. YOUSAF, THAIKKANDATHIL HOUSE, N.A.D., NOW RESIDING AT C/O. CHALAYIL ILLICKAL HOUSE, NEAR SIGNAL BUS STOP, N.A.D., SANTHAGIRI, KALAMASSERY. 2. RASEENA, AGED 40, W/O. YOUSAF, THAIKKANDATHIL HOUSE, N.A.D., NOW RESIDING AT C/O. CHALAYIL ILLICKAL HOUSE, NEAR SIGNAL BUS STOP, N.A.D., SANTHAGIRI, KALAMASSERY. BY ADV. SRI.V.M.SAJAN SRI.JAISON JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 8067 OF 2007 ------------------------------------------------- Dated this the 8th day of January, 2008 ORDER Application for anticipatory bail. The petitioners face allegations for offences punishable, inter alia, under Secs.498A and 308 of the IPC. The crime has been registered on the basis of a private complaint filed by the father-in-law of the 1st petitioner which has been referred to the police under Sec. 156(3) of the Cr.P.C. The petitioners are the husband and mother-in-law of the alleged victim/wife. The marriage took place on 4/12/06. The spouses are not blessed with any children. It is alleged that the wife has physical disability. The petitioners had allegedly assaulted the victim on 3/11/07. She was taken to a Doctor who perceived no physical injury; but complaints of pain were made to him. The crime has been registered. Investigation is in progress. The petitioners B.A. No. 8067 OF 2007 -: 2 :- apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There is strain in the matrimonial tie and that is prompting the de facto complainant to make reckless and exaggerated allegations against the petitioners. Inclusion of the allegation under Sec.308 of the IPC exposes the hollowness of the allegations, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail. In the facts and circumstances of this case, I am satisfied that the petitioners can be granted anticipatory bail. In coming to this conclusion, I take note of the reality that the arrest and incarceration of the petitioners is likely to mar the matrimonial tie beyond repair. I further note that though Sec.308 of the IPC is included, except complaints of pain, there is no physical injuries suffered by the alleged victim/wife. Appropriate conditions can, of course, be imposed in the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: B.A. No. 8067 OF 2007 -: 3 :- (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 15/1/08. 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 3 p.m. on 16/1/08 and 17/1/08. 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, on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. 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. 8067 OF 2007 -: 4 :- (iv) If the petitioners were arrested prior to their surrender on 15/1/08 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 15/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge