IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8122 of 2007() ----------------------------- [CRIME NO.57/2007 OF RAILWAY POLICE STATION, KOZHIKODE] : PETITIONERS. ----------------------------- 1. AJAYGHOSH H., S/O. HARIDAS, AGED 30 YEARS, AJITHA NIVAS, NEHRU TROPHY WARD, ALAPPUZHA. 2. DEEPA P.V., D/O. P.S.USHADEVI, AGED 20 YEARS, KAILAS BHAVAN, KOTTAMKULANGARA, AVALOOKKUNNU P.O., ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, KOZHIKODE, THORUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8122 of 2007 ---------------------------------------- Dated this the 8th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are a young man and woman who have crossed the age of majority, they being aged thirty years and twenty years respectively. The local guardian of the girl, that is the second petitioner has filed a complaint before the police and crime No.57/07 of Railway police station has been registered under the caption “woman missing”. The petitioners assert that they are majors competent to enter matrimony and they have already been legally married. In these circumstances, the petitioners have not committed any offence. They apprehend that at the instance of the informant/complainant, the railway police may arrest them and subject them to unnecessary and undeserved harassment and difficulties. 2. Notice given to the learned Public Prosecutor. The learned Public Prosecutor, on instructions, submits that it is true that a crime has been registered under the caption “woman missing”. There is no intention to arrest either of the two B.A.No.8122/07 2 petitioners. The petitioners can appear before the police or the learned Magistrate and report to such authority that the second petitioner is not actually missing and that she is happily co- habiting with the first petitioner with whom she has allegedly got married. 3. I take note of the submission of the learned Public Prosecutor that the petitioners are not required to be arrested. With the observation that the petitioners must appear before the investigating officer or the learned Magistrate having jurisdiction and report the fact of marriage to the authorities along with documents to support the same, this petition is dismissed as agreed after taking note of the undertaking of the learned Public Prosecutor that the petitioners shall not be arrested. (R.BASANT, JUDGE) jsr B.A.No.8122/07 3 B.A.No.8122/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007