IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1959 of 2010() --------------------------------- CRIME NO. 20/2010 OF WOMEN'S POLICE STATION, CHITHRAKUT, NEAR DELHI PUBLIC SCHOOL, UDAIPUR, RAJASTHAN ........................ PETITIONERS/ACCUSED : ------------------------------ 1. NITIN PRASAD, S/O.KRISHNA PRASAD, AGED 33 YEARS, RB 75, PALLATHU ROAD, THAMMANAM, KOCHI. 2. KRISHNA PRASAD, AGED 62 YEARS, B 75, PALLATHU ROAD, THAMMANAM, KOCHI. 3. JAGADAMMA, AGED 60 YEARS, W/O.KRISHNA PRASAD, B 75, PALLATHU ROAD, THAMMANAM, KOCHI. BY ADV. SRI.S.RAJEEV RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (STATION HOUSE OFFICER, PALARIVATTOM POLICE STATION). 2. SUB INSPECTOR OF POLICE, WOMEN'S POLICE STATION, CHITHRAKUT, NEAR DELHI PUBLIC SCHOOL, UDAIPUR, RAJASTHAN (CRIME NO.20/2010 OF WOMEN'S POLICE STATION, UDAIPUR). BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1959 of 2010 ------------------------------------ Dated this the 26th day of March, 2010 O R D E R The petitioners apprehend arrest by the Sub Inspector of police, Women's Police Station, Chithrakut, Near Delhi Public School, Udaipur, Rajasthan in Crime No.20/2010. It is stated that the offences alleged against the petitioners are under Sections 498 A and 406 of the Indian Penal Code. 2. The de facto complainant is the wife of the first petitioner. Petitioners 2 and 3 are the father-in-law and mother- in-law of the de facto complainant. The crime was registered in the State of Rajasthan. 3. It was held in various decisions of this Court that the High Court has jurisdiction to grant an order under Section 438 of the Code of Criminal Procedure in respect of the crime registered outside the jurisdictional limits of the High Court only for a limited period for the purpose of enabling the accused to appear before the Court having jurisdiction and to seek appropriate reliefs. B.A. No. 1959 of 2010 2 4. It is stated that the petitioners 2 and 3 are aged. The second petitioner had undergone a surgery and he is still continuing treatment, submits the learned counsel. The only relief sought for by the petitioners is to grant a breathing time to enable them to approach the court having jurisdiction or to seek other appropriate legal remedies. The request is just and reasonable. 5. In the facts and circumstances of the case, if the petitioners are arrested by the second respondent in connection with Crime No.20/2010 of Women's Police Station, Chithrakut, Near Delhi Public School, Udaipur, Rajasthan, they shall be released on bail for a period of one month on their executing bond for Rs. 25,000/- each. The petitioners shall surrender before the Court having jurisdiction within a period of one month unless otherwise made unnecessary by any order of the competent Court. The Bail Application is disposed of as above. K.T. SANKARAN, JUDGE ln