IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1736 of 2008() ----------------------------- PETITIONERS: ACCUSED ------------------------ 1. V. RADHAKRISHNAN, AGED 54 YEARS S/O.LATE RAMAKRISHNAN, VAKKAYIL HOUSE SREE NILAYAM, PUTHAMPALLY DESOM IRINGAPPURAM VILLAGE, CHAVAKKAD TALUK TRICHUR DISTRICT. 2. KALLIYANIKUTTY AMMA, AGED 74 YEARS W/O. LATE RAMAKRISHNAN, RESIDING -DO- BY ADV. SRI.P.K.ANIL RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE GURUVAYOOR POLICE STATION. 2. STATE REP: BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.1736 of 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are the husband of the de facto complainant and her mother-in-law. The marriage took place in 1996. The spouses are not blessed with any children. Matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC is alleged against the petitioners. Of course, there is an allegation under Sec.406 of the IPC also. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Sec.156(3) of the Cr.P.C. Misappropriation of ornaments, suppression of an earlier marriage and impotency of the husband are the planks on which the theory of matrimonial cruelty is built. Investigation is in progress. The petitioners apprehend imminent arrest. B.A. No.1736 of 2008 -: 2 :- 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Because of discord in the matrimony false, frivolous, vexatious and exaggerated allegations are being raised. The petitioners may be granted anticipatory bail subject to appropriate conditions, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioners. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. Appropriate conditions can 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 1.4.08. 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 2.4.08 and 3.4.08. Thereafter the petitioners B.A. No.1736 of 2008 -: 3 :- 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 1.4.08 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 1.4.08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No.1736 of 2008 -: 4 :-