IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8088 of 2007() ----------------------------- CRMP.2201/2007 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.818/07 OF PATHANAMTHIITA POLICE STATION .................... : PETITIONER/IST ACCUSED --------------------------------------- GEETHA,W/O.AJIKUMAR,AGED 26 YEARS KALLITTETHIL HOUSE,V.KOTTAYAM MURI & VILLAGE KOZHENCHERRY TALUK,PATHANAMTHIITA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PATHANAMTHITTA POLICE STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8088 of 2007 ------------------------------------- Dated this the 2nd day of January, 2008 ORDER Second application for anticipatory bail. Petitioner is the 1st accused and her husband is the 2nd accused. She faces allegations in a crime registered for offences punishable, inter alia, under Sections 420 and 468 I.P.C. She had come to this Court for anticipatory bail and by order dated 05.12.07 in B.A.7460 of 2007, the prayer for anticipatory bail was dismissed with the observation that the petitioner must surrender before the learned Magistrate and seek regular bail in the ordinary course. Before the said direction in the said order dt.05.12.07 could be complied with, the petitioner gave birth to a female child on 16.12.07. The petitioner has come to this Court again under the changed circumstance with a renewed plea for grant of anticipatory bail. The learned counsel for the petitioner submits that the petitioner may be granted anticipatory bail. 2. On merits, the petitioner is not entitled for grant of anticipatory bail and that stands concluded by the order dated 05.12.07 referred above. I need only consider the changed B.A.No.8088 of 2007 2 circumstance - the fact that the petitioner had given birth to a child on 16.12.07 even before she could comply with the direction in the order dated 05.12.07. The learned counsel for the petitioner submits that the petitioner may be given reasonable time to surrender before the learned Magistrate and seek regular bail. Her arrest and incarceration in the meantime may be avoided by issue of appropriate directions under Section 438 Cr.P.C, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the peculiar facts and circumstances of this case, that anticipatory bail restricted by time can be granted to the petitioner. 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) If the petitioner were arrested by the Investigating Officer on or before 16.02.2008, she shall be released on condition that a) The petitioner executes a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties; B.A.No.8088 of 2007 3 b) She shall make herself available for interrogation at her residence as and when it is found necessary by the police; c) She surrenders before the Magistrate and seeks regular bail on or before 16.02.08. (R.BASANT, JUDGE) rtr/-