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. 7936 of 2007() ----------------------------- CRIME NO. 136/07 OF BEDAKAM POLICE STATION PETITIONERS/ACCUSED NOS.2 & 3: ----------------------------------------------- 1. ANEES MATHAI, AGED 52 YEARS, W/O. MATHAI, KANHIRAKKAD HOUSE,KARIVEDAKAM VILLAGE KASARGOD. 2. K.L. MATHAI, AGED 56 YEARS, KANHIRAKKAD HOUSE,KARIVEDAKAM VILLAGE, KASARGOD. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY 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, ALONG WITH BA NO. 7952 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 7936 & 7952 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008 O R D E R These applications are filed by accused 1 to 4 in a crime registered alleging commission of the offence punishable under Section 498A I.P.C. B.A. 7952 of 2007 is filed by accused 1 to 4, whereas B.A. 7936 of 2007 is seen filed by accused 2 and 3. Confronted with the controversy, the learned counsel for the petitioners in B.A. 7952 of 2007 submits that he is not pressing the claim for anticipatory bail of accused 2 and 3 in that application. 2. The crime has been registered on the basis of a private complaint filed by the wife of the first accused. It was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. The first accused, as stated earlier, is the husband of the defacto complainant. Accused 2 and 3 are the parents-in-law of the defacto complainant. The marriage took place on 4.10.2003. The spouses have been blessed with one child. There is strain in B.A.Nos. 7936 & 7952 of 2007 2 the matrimony. Accused No.4 is a neighbour, with whom the first accused allegedly has adulterous sexual relationship. 3. The learned Prosecutor submits that the investigation has already commenced and accused No.4 has been deleted from the array of accused. 4. The learned counsel for accused 1 to 3 pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the said petitioners/accused. 5. The learned Prosecutor submits that there is no external injury suffered by the defacto complainant. Appropriate conditions can of course be imposed. 6. In the result: (1) These applications are allowed in part. (2) The petition in so far as it relates to the petitioner/A4 is dismissed accepting the submissions of the learned Prosecutor that she has already been dropped from the array of accused. B.A.Nos. 7936 & 7952 of 2007 3 (3) The following directions are issued under Section 438 Cr.P.C. in favour of petitioners/A1 to A3. (a) The petitioners/A1 to A3 shall surrender before the learned Magistrate on 9.1.2008 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) They shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 10.1.08 and 11.1.2008 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 9.1.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. B.A.Nos. 7936 & 7952 of 2007 4 (b) If the petitioners were arrested prior to their surrender on 9.1.2008 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 9.1.2008. (R. BASANT) Judge tm