IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1743 of 2008() ----------------------------- CRIME NO. 188/08 OF THAMARASSERY POLICE STATION PETITIONERS/ACCUSED: ------------------------------------- 1. SULEIMAN, S/O.MOHAMMED MUSLIYAR, AGED 30 YEARS, MUKKAM HOUSE, ODATHODE, CHUNDEL, WAYANAD. 2. MOHAMMED MUSLIYAR, AGED 65 YEARS, MUKKAM HOUSE, ODATHODE, CHUNDEL, WAYANAD. 3. ASIA, W/O. MOHAMMED MUSLIYAR, AGED 50 YEARS, MUKKAM HOUSE, ODATHODE, CHUNDEL, WAYANAD. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, THAMARASSERY, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1743 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the defacto complainant and his relatives. The marriage took place in 20.5.2004. The spouses are blessed with two children. The petitioners face allegations of matrimonial cruelty punishable under Section 498A I.P.C. Crime has been registered on the basis of a private complaint filed by the defacto complainant before the learned 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 Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. In coming to this conclusion I take note of the reality that arrest and incarceration of the petitioners is likely to mar all possibilities of harmonious B.A.No. 1743 of 2008 2 reconciliation of marital relationship. I also take note of the submission of the learned Prosecutor that the victim has not suffered any physical injury as a result of the alleged physical cruelty hit on her by the petitioners. 3. 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 27.3.2008 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 28.3.08 and 29.3.2008 and thereafter between 10 and 12 noon on all Mondays and Fridays for a period of two months and B.A.No. 1743 of 2008 3 subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 27.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 27.3.2008 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 27.3.2008. (R. BASANT) Judge tm