IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1060 of 2008() ----------------------------- CRIME NO. UNKNOWN OF TIRUR POLICE STATION PETITIONERS ---------------------------- 1. NAZER, AGED 30 YEARS, S/O. KUNJAVA, RESIDING AT VADAKKE KARANAM VALAPPIL, PACHATTIRI AMSOM, ARIKKANCHIRA KANNJIRAKUTTY, TIRUR, MALAPPURAM. 2. BASHEER, AGED 25 YEARS, S/O. KUNJAVA, RESIDING AT VADAKKE KARANAM VALAPPIL, PACHATTIRI AMSOM, ARIKKANCHIRA KANNJIRAKUTTY, TIRUR, MALAPPURAM. 3. NABEESU, AGED 50 YEARS, W/O. KUNJAVA, RESIDING AT VADAKKE KARANAM VALAPPIL, PACHATTIRI AMSOM, ARIKKANCHIRA KANNJIRAKUTTY, TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.DARSAN SOMANATH RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, TIRUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR, SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1060 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband, brother-in-law and mother-in-law respectively of the defacto complainant. The marriage took place on 26.10.1994. The spouses are blessed with three children, aged 10 years, 8 years and 6 years respectively. Crime is registered alleging commission of the offence punishable under Section 498A I.P.C. That crime is registered on the basis of the 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 submits that the petitioners are innocent. There is some strain in the matrimonial relationship. Because of such strain false, frivolous and vexatious allegations are being raised against the petitioners. They do not deserve to suffer the trauma of arrest and detention. They may B.A.No. 1060 of 2008 2 be granted anticipatory bail. Arrest and detention of the petitioners would likely to mar the matrimonial tie beyond repair. Any appropriate conditions may be imposed, it is prayed. 3. The learned Prosecutor does not oppose the application. The learned Prosecutor reports that there is no physical injury suffered by the victim corresponding to the allegations of physical cruelty. I am, in these circumstances, satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. 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 29.2.2008 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.A.No. 1060 of 2008 3 (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 1.3.08 and 3.3.2008 and thereafter 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 29.2.2008 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 29.2.2008 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 29.2.2008. (R. BASANT) tm Judge B.A.No. 1060 of 2008 4