IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2219 of 2008() ----------------------------- CRIME 153/08 OF BEKAL POLICE STATION PETITIONERS --------------------------- 1. AYISHABI, AGED 60 YEARS W/O. MUHAMMAD, RAKSANA MANZIAL, NOUVAL. 2. BEEFATHIM,AGED 38 YEARS W/O. MUHAMMEDKUHI RESIDING AT KURICHIKUNNEL ILLIYAS NAGAR, BEKAL. 3. KHADEEJA, AGED 32 YEARS W/O. ASHARAFF, RESIDING AT ILLYAS NAGAR, BEKAL. 4. RUKSANA, AGED 20 YEARS W/O. ASHARAFF, VANIYANPARA, CHITAHRI VILLAGE BY ADV. SMT.T.SUDHAMANI RESPONDENTS: ------------- THE STATE OF KERALA, REP. THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2219 OF 2008 F ```````````````````````````````````````````````````` Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. Petitioners are accused 2 to 5. The 1st accused is the husband of the de facto complainant. The petitioners are relatives of the husband of the de facto complainant. Marriage between the spouses took place on 11.1.96. The spouses are blessed with two children. Matrimonial cruelty of the culpable variety punishable under section 498A IPC has been alleged against the petitioners by the de facto complainant. The 1st accused is employed abroad. Crime is registered on the basis of a private complaint filed before the Magistrate and referred by the learned Magistrate to the police under section 156(3) Cr.P.C. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that there is strain in the matrimonial relationship and that is prompting the de facto complainant to make false, reckless and exaggerated allegations against the petitioners. The petitioners may be granted anticipatory bail to save them from BA.2219/08 : 2 : the trauma of undeserved arrest and detention, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor points out that the alleged victim has suffered no external injuries as a result of the alleged cruelty. I am satisfied, in the facts and circumstances of this case, that the petitioners can be granted anticipatory bail. In coming to this conclusion, I take note of the fact that arrest and detention of the petitioners is likely to mar all possibilities of harmonious reconciliation of the matrimonial dispute. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 16.4.2008. They shall be released 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 BA.2219/08 : 3 : the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 17.4.2008 and thereafter on all Mondays between 10 a.m and 12 noon for a period of one month. Subsequently, the petitioners shall so appear 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 they were arrested prior to 16.4.08, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 16.4.08. (R.BASANT, JUDGE) aks