IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 7870 of 2007(A) ----------------------------- CRMP.1474/2007 of DISTRICT COURT, KALPETTA 470/2007 of MANANTHAVADY POLICE STATION ............................. PETITIONERS/ACCUSED ---------------------------- 1. THAHIR, S/O.MOOSA, AGED 27, MULLATHODI HOUSE, PANDIKKADAVU, MANANTHAVADY POST. 2. MOOSA, AGED 47 YEARS, MULLATHODI HOUSE, PANDIKKADAVU, MANANTHAVADY POST. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. S.U. NAZER, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7870 OF 2007 A ```````````````````````````````````````````````````` Dated this the 1st day of January, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his father. They face allegations of matrimonial cruelty of the culpable variety punishable under Section 498A IPC. The crime has been registered on the basis of a private complaint filed before the 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 subject to appropriate terms and conditions. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. BA.7870/07 : 2 : i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 7.1.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each 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 8.1.08 and 9.1.08 and thereafter 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. (iv) 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. BA.7870/07 : 3 : (v) If they were arrested prior to 7.1.08, 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 7.1.08. (R.BASANT, JUDGE) aks