IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 26TH AGRAHAYANA 1929 Bail Appl..No. 7777 of 2007() ----------------------------- CRIME 244/07 OF KATHIROOR POLICE STATION PETITIONERS ---------------------------- 1. FAKEER MOHAMMED, AGED 60 YEARS, S/O. ABDULLA, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA STATE, SOUTH INDIA. 2. P.A.SHEREEFA, AGED 45 YEARS, D/O.ABUTTY, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA STATE, SOUTH INDIA. 3. C.P.BASHEER, AGED 39 YEARS, S/O. MUHAMMED, JASEELA MANZIL, MUZHUPPILANGADU. 4. ALIYAKATH ABDUL NIZAR, AGED 33 YEARS, S/O. K.P.UMMER, EDATHIL HOUSE, MOKHERI P.O., KOTTAYAMPOYIL. 5. BUSHARA P.A., AGED 30 YEARS, D/O. FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA STATE, SOUTH INDIA. 6. P.A.FATHIMATH SUHARA, AGED 31 YEARS, D/O. FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA STATE, SOUTH INDIA. 7. MUMTAZ P.A., AGED 22 YEARS, D/O. FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA STATE, SOUTH INDIA. 8. MUHAMMED FAIZAL, AGED 26 YEARS, S/O. FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA STATE, SOUTH INDIA. 9. P.A.MAMMOOTTY, AGED 42 YEARS, S/O. ABUTTY, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL P.O., KANNUR DISTRICT, KERALA STATE, SOUTH INDIA. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KATHIROOR POLICE STATION, THALASSERY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 3.1.08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7777 OF 2007 D ```````````````````````````````````````````````````` Dated this the 3rd day of January, 2008 O R D E R Petitioners apprehend arrest as accused in Crime No.244/07 of Kathiroor police station registered, inter alia, under Section 498A IPC. The crux of the allegations against them is that they have been guilty of matrimonial cruelty of the culpable variety against the de facto complainant who is the wife of one P.A.Mohammed Aslam, whose relatives the petitioners are. 2. The learned Public Prosecutor, after taking instructions, submits that the petitioners 1 and 9 have not been arrayed as accused. In so far as the petitioners 2 to 8 are concerned, the learned Public Prosecutor submits that the police have no objection against grant of anticipatory bail to them. The de facto complainant is a Srilankan national. The marriage between the de facto complainant and her husband took place at their place of employment abroad in 2006. All the petitioners herein reside in India. The learned Public BA.7777/07 : 2 : Prosecutor submits that the State has no objection against grant of anticipatory bail to petitioners 2 to 8. I am satisfied that the petition can be allowed. 3. In the result, this petition is allowed. The claim of petitioners 1 and 9 for anticipatory bail is dismissed as unnecessary. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners 2 to 8. i) Petitioners 2 to 8 shall surrender before the investigating officer at 11 a.m on 14.1.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each without any sureties. ii) The petitioners 2 to 8 can be interrogated by the investigating officer when they so appear on 14.1.08. Subsequently, they shall appear before the investigating officer as and when directed by the investigating officer in writing to do so. iii) If petitioners 2 to 8 do not appear before the BA.7777/07 : 3 : investigating officer as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the said petitioners and deal with them in accordance with law, as if these directions were not issued at all. (R.BASANT, JUDGE) aks