IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 119 of 2008() ---------------------------- CRIME NO.579/07 OF THALASSERY POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. MOHAMMED,AGED ABOUT 70 YEARS RESIDING AT N.P.MANZIL, SAIDARPALLY,THALASSERY. 2. AMINA,W/O. MOHAMMED,AGED 60 YEARS OF DO....DO....... 3. AYISHA,D/O. MOHAMMED,AGED 41 DO..DO...... 4. SHEMEENA,D/O.MOHAMMED AGED 40 DO....DO..... 5. RUKSANA,D/O. DO....DO...AGED 32 YEARS DO...DO...... BY ADV. SRI.V.RAJAGOPAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA,REP. BY STATION HOUSE OFFICER, (S.H.O.) THALASSERY KANNUR THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 119 OF 2008 ------------------------------------------------- Dated this the 11th day of January, 2008 ORDER Application for anticipatory bail. The petitioners are the relatives of the husband of the de facto complainant. They, along with the husband of the de facto complainant, face allegations under Sec.498A of the IPC. The husband/1st accused, has already been granted anticipatory bail by this Court as per the order dated 19/12/2007 in B.A.No.7807/07. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioners herein also on identical conditions as were imposed on the co-accused. 3. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C. in favour of B.A. No. 119 OF 2008 -: 2 :- the petitioners: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 18/1/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 21/1/08 and 22/1/08 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) 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; (iv) If the petitioners were arrested prior to their surrender on 18/1/08 as directed in clause (i) above, they shall be released B.A. No. 119 OF 2008 -: 3 :- on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 18/1/08. (R. BASANT, JUDGE) Nan/