IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 Bail Appl..No. 2558 of 2008() ----------------------------- CRIME NO.77/2007 OF VALLIKUNNAM POLICE STATION PETITIONERS/ACCUSED NOS.1&2: -------------------------------------------- 1. MUSTHAFA,S/O.KASSIM, AGED 35 YEARS. MUSTHAFA MANZIL, KUNICHIKULANGARA, SANKARAMANGALAM P.O. CHAVARA 2. RUKHIYA, W/O.KASSIM, AGED 60 YEARS, MUSTHAFA MANZIL,KANICHIKULANGARA, SANKARAMANGALAM PO., CHAVARA BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT/COMPLAINANT: ------------------------ STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J =================== B.A.No.2558 of 2008 ========================== Dated this the 25th day of April 2008 ORDER This is an application for bail filed under Section 438 Cr.P.C. The accused are alleged to have committed offences under Section 498A of the Indian Penal Code. It is submitted that the accused is employed abroad and litigations are pending between the husband and wife in the form of maintenance. It is also submitted that the petitioners are totally innocent of any offence under Section 498A I.P.C. In matrimonial cases, it is always desirable that the husband is not send to the jail for the reason that it will block the entire conciliatory process. There is nothing to show that the infliction of any injury especially that the husband is working abroad. Therefore, I feel the bail can be granted as prayed for. The petition is allowed and the petitioners shall be released on bail in the event of arrest by the officer on the following conditions: i) The petitioners shall execute bonds for Rs.20,000/- (Rupees twenty thousand only) each with two solvent B.A. No. 2558/2008 : 2: sureties each for the like amount to the satisfaction of the said officer. ii)They shall co-operate with the investigation and make themselves available for interrogation as and when required. iii)This order shall be in force for a period of two months. M.N.KRISHNAN,JUDGE dvs