IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 424 of 2008() ---------------------------- CRIME NO.809/07 OF NEELESWARAM POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. RAJESH,S/O. RAJAPPAN, 26 YEARS CHEGANAMKODE,PUTHUR HOUSE, CHITTOOR PO PALAKKAD DISTRICT, PIN 678 101. 2. RAJAPPAN, AGED 70 YEARS,VELAYUDHAN CHEGANAMKODE,PUTHUR HOUSE, CHITTOOR PO PALAKKAD DISTRICT, PIN 678 101. 3. KUNJA, W/O.RAJAPPAN,AGED 65 YEARS CHEGANAMKODE,PUTHUR HOUSE, CHITTOOR PO PALAKKAD DISTRICT, PIN 678 101. 4. VIJEESH,S/O.SREEKUMAR,AGED 28 YEARS VELLOMKULAM HOUSE, KAKKANAD PO, ERNAKULAM DISTRICT.PIN 682 024. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 424 OF 2008 ------------------------------------------------- Dated this the 25th day of January, 2008 ORDER Application for anticipatory bail. The petitioners are the husband of the de facto complainant and his relatives. The 4th accused/petitioner claims that he is not a relative. They face allegations in a crime registered for offences punishable under Sec.498A read with Sec.34 of the IPC. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Sec.156(3) of the Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the marriage had taken place on 19/5/06. There is some strain in the matrimony. On account of such strain in the matrimony, fanciful, exaggerated and false allegations are being raised B.A. No. 424 OF 2008 -: 2 :- against the petitioners by the de facto complainant. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail. In coming to this conclusion, I take note of the reality that the arrest and incarceration of the petitioners shall close the doors on any meaningful attempt for a harmonious reconciliation of the matrimonial dispute. I do also take note of the submission of the learned Public Prosecutor that the de facto complainant has not suffered any external injury as a result of the alleged matrimonial cruelty. Appropriate conditions can, of course, be imposed. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 1-2-08. 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 2/2/08 and 4/2/08. During this period the B.A. No. 424 OF 2008 -: 3 :- Investigator shall be at liberty interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before the Investigating Officer 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 1-2-08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 1-2-08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 424 OF 2008 -: 4 :-