IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1373 of 2008 ------------------------------------ (CRIME NO. 179/2008 OF PALLURUTHY(KOCHI KASBA POLICE STATION) PETITIONERS/ACCUSED ------------------------------------ 1. SHIHAB, S/O.C.A.MAJEED, ARAKKAL HOUSE, PERUMBADAPPU KUVENDA, PALLURUTHY. 2. MAJEED, ARAKKAL HOUSE, PERUMBADAPPU KUVENDA, PALLURUTHY. 3. NASEEMA, W/O.MAJEED, ARAKKAL HOUSE, PERUMBADAPPU KUVENDA, PALLURUTHY. 4. JASMINE, D/O.MAJEED, ARAKKAL HOUSE, PERUMBADAPPU KUVENDA, PALLURUTHY. 5. SHIJU, S/O.MAJEED, ARAKKAL HOUSE, PERUMBADAPPU KUVENDA, PALLURUTHY. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, PALLURUTHY. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1373 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the defacto complainant and his relatives. They face allegations in a crime registered under Section 498A I.P.C. Matrimonial cruelty of the culpable variety is alleged against the petitioners. 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 23.4.2006. The couple are blessed with one child. There is some strain in the matrimonial relationship. Because of such strain, false, frivolous and vexatious allegations are being raised against the petitioners. They do not deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. B.A.No. 1373 of 2008 2 3. The learned Prosecutor does not oppose the application. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners, it is submitted. 4. I am satisfied that the petitioners can be granted anticipatory bail, subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. 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 12.3.2008 at 11 a.m. The learned Magistrate shall release the 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.A.No. 1373 of 2008 3 (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 13.3.08 and 14.3.2008 and thereafter 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 12.3.2008 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 12.3.2008 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 12.3.2008. (R. BASANT) Judge tm