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. 1164 of 2008() ----------------------------- C.M.P.NO.26/08 OF J.F.C.M CHERTHALA : PETITIONERS ---------------------------- 1. K.B.AJIKUMAR,AGED 32 YEARS, S/O.K.S.BHASKARAN,KALAPURACKAL VELI, AROOR P.O.,ALEPPEY DISTRICT. 2. KANAKAMMA, AGED 60 YEARS, W/O.K.S.BHASKARAN,KALAPURACKAL VELI, AROOR P.O.,ALEPPEY DISTRICT. 3. BINU.V.RA,AGED 35 YEARS S/O.RAGHAVAN,.K.S.BHASKARAN, KALAPURACKAL VELI, AROOR P.O.,ALEPPEY DISTRICT. 4. BINDU,AGED 34 YERS,W/O.BINU.V.R. K.S.BHASKARAN, KALAPURACKAL VELI, AROOR P.O.,ALEPPEY DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE AROOR POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER 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.1164 of 2008 ---------------------------------------- Dated this the 4th day of March 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his relatives. The learned Public Prosecutor, at the outset, submits that petitioners 2 to 4 have now been deleted from the array of accused and that their bail application need not hence be considered. They shall not be arrested, stipulates the learned Public Prosecutor. 2. Marriage between the first petitioner and the de facto complainant took place in April 2006. The spouses have not been blessed with any issues so far. Matrimonial cruelty of the culpable variety is alleged against the first petitioner. The first petitioner had allegedly indulged in matrimonial cruelty earlier and in May 2007, the wife had to be hospitalised allegedly on account of physical abuse. But the spouses resumed co- habitation and they were living together. Thereafter, it is later that allegations of matrimonial cruelty are repeated. 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 Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. B.A.No.1164/08 2 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the first petitioner. In coming to this conclusion I take note of the fact that arrest and detention of the first petitioner is likely to mar all possibilities of harmonious reconciliation of the matrimonial tie. I do further take note of the submission of the learned Public Prosecutor that the alleged victim has suffered no external injuries also. Appropriate conditions can of course be imposed. 4. In the result, this petition is allowed in part. Petition in so far as it relates to petitioners 2 to 4 is dismissed accepting the submission/undertaking of the learned Public Prosecutor that they have been removed from the array of accused and they are not required to be arrested now. Following directions are issued under Section 438 Cr.P.C in favour of the first petitioner. i) He shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.1164/08 3 ii) He shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 12/03/2008 and 13/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear 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. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 11/03/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1164/08 4 B.A.No.1164/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007