IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Bail Appl..No. 646 of 2008() ---------------------------- CRIME NO. 25/08 OF KAKKUR POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED 1 TO 4: -------------------------------------------- 1. NAZEER M., S/O. IBRAHIM, AGED 32 YEARS, MUNDAPPURATH HOUSE, P.O.PAVANDOOR, NANMINDA VIA, NADUVALLUR AMSOM, PAVANDOOR DESOM, KOZHIKODE TALUK. 2. ALEEMA, W/O. IBRAHIM, AGED 55 YEARS, MUNDAPPURATH HOUSE, P.O.PAVANDOOR, NANMINDA VIA, NADUVALLUR AMSOM, PAVANDOOR DESOM, KOZHIKODE TALUK. 3. HAJIRA, W/O. LATNEEF, AGED 37 YEARS, KOOLIKKAL HOUSE, NANMINDA P.O., KOZHIKODE. 4. SAJNA, W/O. NAZAR, AGED 27 YEARS, PALAKANDI PURAYIL, KURUVATTOOR P.O. KOZHIKODE. BY ADV. SRI.JACOB E SIMON RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 646 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the defacto complainant and his relatives. They face allegations in a crime registered for the offence punishable under Section 498A I.P.C. The marriage between the spouses took place on 27.2.2000. The spouses are blessed with two children. Crime has been registered on the basis of a private complaint filed by the defacto complainant 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 the petitioners are innocent. Eventhough it is alleged that divorce has been effected, Annex.A only shows that Thalak has been pronounced only twice and hence not make it a valid divorce at any rate. The learned counsel submits that there is some strain in the matrimonial relationship. Because of such strain false, B.A.No. 646 of 2008 2 frivolous and vexatious allegations are being raised against the petitioners. They do not deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application. I am, in these circumstances, satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. In the absence of opposition it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 18.2.2008 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 B.A.No. 646 of 2008 3 interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 19.2.08 and 20.2.2008. 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 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 18.2.2008 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 18.2.2008 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 18.2.2008. (R. BASANT) tm Judge B.A.No. 646 of 2008 4