IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 659 of 2008() ---------------------------- CRIME NO. 34/08 OF PARIPPALLY POLICE STATION CRMP.5665/2006 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER : ACCUSED1 TO 3 ------------------------- 1. S.ANILKUMAR, AGED 38 YEARS, S/O.SOMAN, PUVANNANTHOTTAM, VARINJAM CHERRY, ADUTHALA P.O. KALLUVATHUKKAL VILLAGE, KOLLAM DISTRICT. 2. S.SOMAN, AGED 62 YEARS, (RETIRED P.A TO D.E.O), S/O.LATE SREENIVASAN, PUVANNANTHOTTAM VARINJAM CHERRY, ADUTHALA P.O., KALLUVATHUKKAL VILLAGE, KOLLAM DIST. 3. S.PONNAMMA, AGED 58 YEARS, W/O.SOMAN, PUVANNANTHOTTAM VARINJAM CHERRY, ADUTHALA P.O., KALLUVATHUKKAL VILLAGE, KOLLAM DIST. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 659 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband and parents-in-law of the defacto complainant. The crux of the allegations against the petitioners is that they are guilty of matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. against the victim. Crime has been registered on the basis of the private complaint filed by the defacto complainant before the Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the marriage between the spouses had taken place on 8.7.2001. The couple are blessed with two children. There is some strain in the matrimonial relationship. Because of such strain false, frivolous and vexatious allegations are being raised against the petitioners. B.A.No. 659 of 2008 2 They do not deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application and I am satisfied that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. In coming to this conclusion I take note of the reality that the arrest and incarceration of the petitioners is likely to mar all possibilities of harmonious reconciliation of marital relationship. I further take note of the submission of the learned Prosecutor that there is no external injury suffered by the victim corresponding to the allegations of physical cruelty. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 11.2.2008 at 11 a.m. The learned Magistrate shall release the B.A.No. 659 of 2008 3 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) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 12.2.08 and 13.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer 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 11.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on B.A.No. 659 of 2008 4 11.2.2008 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 11.2.2008. (R. BASANT) Judge tm