IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1135 of 2008() ----------------------------- [CRIME NO.68/2008 OF KADAKKAL POLICE STATION] : PETITIONERS/ACCUSED 1 TO 6: -------------------------------------------- 1. NAUSHAD M., S/O.MUHAMMED HANEEFA, RESIDING AT THANNIKUNNUMPURATHU PUTHEN VEEDU, CHUNDA MURI, ITTIVA VILLAGE, KOTTARAKKARA,KOLLAM DISTRICT. 2. ABDUL AZEES, S/O. SAINUDDEEN, RESIDING AT KUNNIL VEEDU, CHUNDA MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 3. SAUDA BEEBI S., W/O.MUHAMMED HANEEFA, RESIDING AT THANNIKUNNUMPURATHU PUTHEN VEEDU, CHUNDA MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 4. NASEEMA BEEBI, W/O.ABDUL AZEES, RESIDING AT KUNNIL VEEDU, CHUNDA MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 5. SHANIFA BEEBI S., W/O. NOUSHAD, RESIDING AT THANNIKUNUMPURATHU PUTHEN VEEDU, CHUNDA MURI, ITTIVA VILLAGE, KOTTARAKKARA,KOLLAM DISTRICT. 6. MUHAMMED HANEEFA K., S/O.KASSIM PILLAI, RESIDING AT THANNIKUNNUMPURATHU PUTHEN VEEDU, CHUNDA MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.S.BIJU (KIZHAKKANELA) RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1135 of 2008 ---------------------------------------- Dated this the 25th day of February 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 6. They are the husband of the de facto complainant and his relatives. The marriage between the spouses took place on 18/11/2007. Matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C is alleged in 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. 2. 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. The petitioners may be granted anticipatory bail, subject to any appropriate conditions, to save them from the trauma of undeserved arrest and detention, submits the learned counsel for the petitioners. B.A.No.1135/08 2 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that the victim has suffered no physical injury corresponding to the allegations of physical cruelty raised. 4. I am satisfied that the petitioners can be granted anticipatory bail. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 4. 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 03/03/2008. 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 04/03/2008 and 05/03/2008. During this period, B.A.No.1135/08 3 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 the petitioners 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. (iv) 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. (v) If they were arrested prior to 03/03/2008, 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 03/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1135/08 4 B.A.No.1135/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007