IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 801 of 2008() ------------------------ CRIME NO.451/2007 OF EZHUKONE POLICE STATION PETITIONER: DEFACTO COMPLAINANT ------------------------------- REMYAMOL, D/O.VASANTHA, AGED 23 YEARS, "REMYAM", KARIMPINPUZHA, KOTTARAKKARA. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION. 3. V.B.VIBIN KUMAR, S/O.VIJAYAN, AGED 31 YEARS, VIBIN VILLA, KAITHAKODE, KOTTARAKKARA. 4. VISHALAKSHY, W/O.VIJAYAN, VIBIN VILLA, KAITHAKODE, KOTTARAKKARA. 5. VIJAYAN, VIBIN VILLA, KAITHAKODE, KOTTARAKKARA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI SRI.M.V.THAMBAN FOR R3-5 SRI.K.V.ANIL KUMAR FOR R3-5 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.801 of 2008 ---------------------------------------- Dated this the 11th day of July 2008 O R D E R The petitioner is the de facto complainant in a crime registered alleging commission of the offence punishable under Section 498A read with 34 I.P.C. Her husband, father-in-law and mother-in-law are the persons facing the allegations. They went before the learned Sessions Judge and sought anticipatory bail. The learned Sessions Judge granted anticipatory bail subject to conditions. It was directed that they shall be enlarged on bail on condition that they execute bond for Rs.5,000/- each and should make themselves available for interrogation if so required. No other conditions were imposed. The petitioner has now come before this court with the prayer that anticipatory bail granted to her husband and in-laws may be cancelled invoking the powers under Section 439(2) Cr.P.C or under Section 482 Cr.P.C. 2. What is the reason? The learned counsel for the petitioner submits that anticipatory bail has been granted to the petitioners by the learned Magistrate without imposing any Crl.M.C.No.801/08 2 effective conditions. Anticipatory bail has been granted without any restriction as to the time during which such order is to operate. Subsequent to grant of anticipatory bail, the accused persons are threatening the petitioner also. It is, in these circumstances, that the prayer for cancellation of anticipatory bail is made. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not support the prayer for cancellation of bail. The learned Public Prosecutor submits that the investigation is already complete and final report has already been filed. Police do not press for cancellation of anticipatory bail. Respondents are represented by counsel. The learned counsel for the respondents submits that the motives of the petitioner are suspect. She is bent on persecuting the respondents. Absolutely no bona fides is there in the prayer for cancellation of anticipatory bail. 4. Cancellation of bail is one of the harsh remedies which a criminal court can prescribe. Satisfactory, compelling and exceptional reasons must be shown to exist to justify such cancellation of bail which is already granted whether it is regular Crl.M.C.No.801/08 3 bail or anticipatory bail. Having considered all the relevant circumstances in the case, I am not certainly convinced that such harsh remedy of law needs to be pointed against the respondents/accused. The police do not support the prayer for cancellation and I do not find any satisfactory reasons to cancel such bail. That an order for anticipatory bail must invariably be limited by time is not the law as can be seen from the declaration of the Constitution Bench of the Supreme Court as followed by this court in Jyothish v. State of Kerala [2007(3) KLT 176]. 5. This petition is accordingly dismissed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.801/08 4 Crl.M.C.No.801/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008