IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1045 of 2008() ----------------------------- PETITIONERS/1ST, 2ND & 3RD ACCUSED: ---------------------------------------- 1. RASSAL.B.S. , AGED 27 YEARS, S/O.BADHARUDHEENKUTTY, PLAVILA VEEDU, CHENTHAPOOR CHERRY, DECENT JUNCTION P.O., KOLLAM. 2. SULTHAN BEEVI, AGED 56 YEARS, W/O.BADHARUDHEENKUTTY, -DO-. 3. BADHARUDHEENKUTTY, AGED 58 YEARS, S/O.KASIMKUNJU, -DO-. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1045 of 2008 ------------------------------------- Dated this the 22nd day of February, 2008 ORDER Application for anticipatory bail. Petitioners are the husband and parents in law of the defacto complainant. The marriage between the 1st petitioner and the defacto complainant took place on 16.06.06. The spouses are blessed with one baby, aged about 6 months. Crime has been registered on the basis of a complaint filed by the defacto complainant before the Magistrate and referred by the learned Magistrate to the police under Section 156 (3) Cr.P.C. Matrimonial cruelty of the culpable variety punishable under Section 498 I.P.C is alleged against the petitioners. 2. The learned counsel for the petitioners submits that there is strain in the matrimony. Because of such strain, the defacto complainant is making vexatious and exaggerated allegations. Arrest and incarceration of the petitioners is likely to mar all possibilities of a harmonious settlement of the infant marriage. Subject to any appropriate conditions, the petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. In the facts and circumstances, I reckon that as an B.A.No.1045 of 2008 2 informed, fair and reasonable stand. There is no allegation that the victim/defacto complainant has suffered any injury consequent to alleged physical cruelty. Appropriate conditions can of course be imposed. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 29.02.08. They shall be enlarged on regular bail on their executing a bond 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 01.03.08 and 03.01.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.1045 of 2008 3 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 29.02.2008 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 29.02.08. (R.BASANT, JUDGE) rtr/-