IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2282 of 2008() ----------------------------- CRMP.602/2008 of D.C. & SESSIONS COURT,KOLLAM (CRIME NO. 479/07 OF ACHALUMOODU POLICE STATION) .................... PETITIONERS/1 AND 3 ACCUSED: --------------------------------------------- 1. SHAJAHAN, AGED 45 YEARS, S/O. ABDULKHADAR KUNJU, KETTIDATHIL VEEDU, KANJIRAMKKUZHI MUKKU, KAVILA, THRIKKARUVA,KOLLAM. 2. NAVAS, AGED 29 YEARS, S/O. ABDULKHADAR KUNJU, KETTIDATHIL VEEDU, KANJIRAMKKUZHI MUKKU, KAVILA, THRIKKARUVA,KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ACHALAMOODU POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2282 OF 2008 A ```````````````````````````````````````````````````` Dated this the 11th day of April, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband and brother-in-law of the de facto complainant. The marriage between the 1st petitioner and the de facto complainant took place on 29.6.2000. Two children are born in the wedlock. There is strain in the matrimony. Crime has been registered alleging commission of the offence punishable under section 498A IPC on the basis of a private complaint filed before the Magistrate and referred 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 prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. BA.2282/08 : 2 : In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 21.4.08. They shall be released 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 22.4.08 and 23.4.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, BA.2282/08 : 3 : they shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear 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. (iv) If they were arrested prior to 21.4.08, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21.4.08. (R.BASANT, JUDGE) aks