IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1903 of 2008() ----------------------------- CRIME NO.240/2008 OF THAMARASSERY POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. MANOJ, S/O RAMANKUTTY, VYLERIMEETHAL VEEDU, VELOOR P.O., ATHOLI. 2. RADHA, W/O RAMANKUTTY, MOTHER, VYLERIMEETHEL VEEDU, VELOOR P.O., ATHOLI. 3. SHINA(SISTER),D/O RAMANKUTTY, VYLERIMEETHEL VEEDU, VELOOR P.O., ATHOLI. 4. SHAJI(BROTHER), S/O RAMANKUTTY, VYLERIMEETHEL VEEDU, VELOOR P.O., ATHOLI. BY ADV. SRI.LUIZ GODWIN D'COUTH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1903 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 4. The petitioners are the husband of the de facto complainant and his relatives. They face allegations for offences punishable inter alia under Sections 498A and 406 I.P.C. Marriage took place on 25/03/2007. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police 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 that the petitioners can be granted anticipatory bail in the facts and circumstances of this case. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to 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. B.A.No.1903/08 2 i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 02/04/2008. 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 03/04/2008 and 04/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear 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. (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 02/04/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 02/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1903/08 3 B.A.No.1903/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007