IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1124 of 2008() ----------------------------- CRIME NO. 37/08 OF CHALISSERRY POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. ANANTHARAJ BHASKARAN, AGED 29 YEARS, S/O. BHASKARAN, POOLAKKAD HOUSE, KOLALUMBU DESOM, EDAPAL VILLAGE, PONNANI TALUK, MALAPPURAM DIST. 2. BHASKARAN, AGED 59 YEARS, POOLAKKAD HOUSE, KOLALUMBU DESOM, EDAPAL VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT. 3. AMBIKA, W/O. BHASKARAN, AGED 49 YEARS, POOLAKKAD HOUSE, KOLALUMBU DESOM, EDAPPAL VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, A/W. BA 1144 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 1124 & 1144 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2008 O R D E R These applications are for anticipatory bail. The petitioners are accused 1 to 4. Accused 1, 2 and 3 are the husband and parent-in-law of the defacto complainant. They are the petitioners in B.A. 1124 of 2008. The petitioner in B.A. 1144 of 2008 is the sister-in-law of the defacto complainant. The marriage between the spouses took place on 17.5.2003. Accused No.1 is employed abroad. Accused 2 and 3 are staying with him. They are not available in India. The spouses are blessed with one child. Crime has been registered on the basis of a 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. Accused 1 to 3 want to come to India, but they apprehend that they may be arrested when they come to India. B.A.Nos. 1124 & 1144 of 2008 2 2. The learned counsel for the petitioners in B.A. 1124 of 2008 submits that the petitioners shall surrender if one month's time were granted to them. 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. 3. The learned Prosecutor does not oppose the application. He submits that there is no external injury suffered by the victim corresponding to the allegations of physical cruelty. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. In the peculiar circumstances of these cases, one month's time can be granted to all of them to surrender before the learned Magistrate and seek bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this common order. B.A.Nos. 1124 & 1144 of 2008 3 5. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 26.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds 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 27.3.08 and 28.3.2008. 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 B.A.Nos. 1124 & 1144 of 2008 4 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 26.3.2008 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 26.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 26.3.2008. (R. BASANT) Judge tm