IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 682 of 2008() ---------------------------- CRIME NO.43/08 OF KASARAGOD POLICE STATION : PETITIONER/ACCUSED ----------------------------------- 1. NIYAZUDDEEN AHMED A1 S/O.BASHEER AHMED BASHEER BAUGM, VIDYANAGAR, KASARAGOD. 2. BASHEER AHMED A2 BASHEER BAUGM VIDYANAGAR, KASARAGOD. 3. KHADEEJA, W/O.BASHEER AHMED A3 BASHEER BAUGM VIDYANAGAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY INSPECTOR OF POLICE KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.682 of 2008 ---------------------------------------- Dated this the 6th day of February 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the de facto complainant and his relatives - parents-in-law. The learned Public Prosecutor, at the outset submits that though petitioners 2 and 3 were originally arrayed as accused 2 and 3, in the course of investigation, they have been deleted from the array of accused. Petitioners 2 and 3 need not apprehend any arrest in this crime. Their petitions may be dismissed, submits the learned Public Prosecutor. 2. The marriage between the spouses took place only on 27/9/2007. 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. 3. The learned counsel for the petitioners submits that there is strain in the matrimonial relationship and that is prompting the de facto complainant to make reckless, exaggerated and fanciful allegations against the petitioners. B.A.No.688/08 2 4. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the first petitioner can now be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed in part. Petition in so far as it relates to petitioners 2 and 3 is dismissed accepting the submissions of the learned Public Prosecutor that they are not required to be arrested. Following directions are issued under Section 438 Cr.P.C in favour of the first petitioner. i) The first petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 13/02/2008. 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. ii) He shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 14/02/2008 and 15/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper B.A.No.688/08 3 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 13/02/2008, 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 13/02/2008. (R.BASANT, JUDGE) jsr B.A.No.688/08 4 B.A.No.688/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007