IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1251 of 2008() ----------------------------- CRIME 68/08 OF SAKTHIKULANGARA POLICE STATION PETITIONERS/ACCUSED 1 TO 3: -------------------------------------------- 1. SANTHOSHKUMAR R., S/O. RAMACHANDRAN, AGED 34 YEARS, 'DHANYA', THOTTAPPALLY P.O., PURAKKADU VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. 2. RAMACHANDRAN P., AGED 64 YEARS, 'DHANYA' THOTTAPPALLY P.O., PURAKKADU VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. 3. OMANA K., 'DHANYA' THOTTAPPALLY P.O., PURAKKADU VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, KOLLAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1251 OF 2008 F ```````````````````````````````````````````````````` Dated this the 29th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his relatives. The marriage took place on 12.9.03. The spouses are blessed with one child. There is some strain in the matrimony. The crime has been registered alleging offences punishable, inter alia, under section 498A IPC. It is registered on the basis of a private complaint filed before the Magistrate and referred to the police by the learned Magistrate under section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that the petitioners can be granted anticipatory bail. In the BA.1251/08 : 2 : absence of the opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 3. 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 7.3.2008. 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 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 10.3.08 and 11.3.08 and thereafter on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently, the petitioners shall so appear as and when directed by the investigating officer in writing to do so. BA.1251/08 : 3 : (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 7.3.08, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 7.3.08. (R.BASANT, JUDGE) aks