IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 209 of 2008() ---------------------------- FIR NO. 477/07 OF ERATTUPETTA POLICE STATION PETITIONER/ACCUSED 2,3 & 4: -------------------------------------------- 1. BINDHU, W/O. SHAJI, AGED 27, PANTHAPLACKAL, THIDANADU, NOW RESIDING AT NELLICKACHALIL HOUSE, POONJAR P.O., POONJAR NADUBHAGAM VILLAGE. 2. P.M. MOHANAN, AGED 52 YEARS, PULICKAL HOUSE, NELLICKACHALIL, POONJAR P.O., POONJAR NADUBHAGAM VILLAGE. 3. LEELA, W/O. P.M. MOHANAN, AGED 49, PULICKAL HOUSE, NELLICKACHALIL, POONJAR P.O., POONJAR NADUBHAGAM VILLAGE. BY ADV. SRI.BABY THOMAS SRI.GIGIMON ISSAC RESPONDENTS: COMPLAINANT: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, ERATTUPETTA P.O. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 209 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2008 O R D E R Application for anticipatory bail. The petitioners are the relatives of the husband of the defacto complainant. The marriage between the defacto complainant and the first accused took place on 30.6.2007. The crime was registered alleging the offence punishable under Section 498A I.P.C. The first petitioner is the sister-in-law, aged 27 years, and petitioners 2 and 3 are the parents-in-law of the defacto complainant. It is alleged that the petitioners have also been guilty of matrimonial cruelty of the physical and mental variety against the defacto complainant. She was admitted in the hospital. Crime was registered on the basis of the statement of the defacto complainant given to the police at the hospital. Except complaint of pain, no other injury has been suffered by the victim. 2. The learned counsel for the petitioners submits that there is strain in the matrimony. Because of such strain, false and B.A.No. 209 of 2008 2 fanciful allegations are being raised now. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application and I am satisfied that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. In coming to this conclusion I take note of the fact that the marriage had taken place as only on 30.6.2007 and that the arrest and incarceration of the petitioners is likely to slam the doors of harmonious settlement of the disputes. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 22.1.2008 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 B.A.No. 209 of 2008 3 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 1 p.m. on 23.1.08 and 24.1.2008 and thereafter on all Mondays between 10 a.m. and 12 noon for a period of one month and 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 22.1.2008 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 22.1.2008 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 22.1.2008. (R. BASANT) tm Judge B.A.No. 209 of 2008 4