IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 627 of 2008() ---------------------------- CRIME NO. 19/08 OF RAJAPURAM POLICE STATION PETITIONERS/ACCUSED 1 TO 3 ------------------------------------------- 1. BIJU, S/O.VARGHESE, RESIDING AT GUDIKAL, PUTHURADUKKAM, PANATHADY VILLAGE. 2. VARGHESE, AGED 65 YEARS, S/O.OUSEPH, RESIDING AT GUDIKAL, PUTHURADUKKAM, PANATHADY VILLAGE. 3. SAROJINI, AGED 60 YEARS, W/O.VARGHESE, RESIDING AT GUDIKAL, PUTHURADUKKAM, PANATHADY VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 627 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the defacto complainant and his parents. Allegations of matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. are raised against the petitioners. The crux of the allegations is that the petitioners have been guilty of matrimonial cruelty against the defacto complainant ever since the marriage took place on 19.4.2000. On the date of the incident, i.e. on 21.1.2008, the defacto complainant allegedly on account of matrimonial cruelty, poured kerosene over herself and set herself ablaze. She suffered burn injuries. The fire was put out and the defacto complainant was saved. It is in this context that the present allegations are raised. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. B.A.No. 627 of 2008 2 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There is strain in the matrimony for various reasons and the defacto complainant has resorted to this course without any serious intention to commit suicide, but only to threaten and intimidate her husband and relatives. The nature of injuries and the sequence to events must eloquently convey that there was no intention to commit suicide and the intention was only such intimidation and threat. It is in these circumstances prays that the petitioners may be saved of the undeserved trauma of arrest and detention. 3. The learned Prosecutor does not oppose the application. He fairly placed the case diary statement of the defacto complainant, in which there is a statement that she had resorted to such course to intimidate (............................) her in laws. I do not intend to express any final opinion on that. Suffice it to say that 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. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. B.A.No. 627 of 2008 3 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 12.2.2008 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 1 p.m. on 13.2.08 and 14.2.2008. 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.No. 627 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 12.2.2008 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 12.2.2008 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 12.2.2008. (R. BASANT) Judge tm