IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1247 of 2008() ----------------------------- CRIME NO.103/08 OF ALAPPUZHA SOUTH POLICE STATION PETITIONERS : ACCUSED NOS.1 TO 3 ----------------------------------- 1. NAJEEB, AGED 30 YEARS, S/O.UMMER KUTTY 'MINNOOS', MAKAYIRAM PARAMBU, VATTAYAL WARD ALAPPUZHA. 2. LATHEEFA, W/O.RAJA, AGED 38 YEARS 'MINNOOS', MAKAYIRAM PARAMBU, VATTAYAL WARD ALAPPUZHA. 3. AYSHA BEEVI @ AYSHUMMA, AGED 70 YEARS W/O.UMMER KUTTY, 'MINNOOS' MAKAYIRAM PARAMBU, VATTAYAL WARD, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI.P.N. RAVEENDRAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1247 of 2008 ------------------------------------------------- Dated this the 29th day of February, 2008 ORDER Application for anticipatory bail. The petitioners are the husband, sister-in-law and mother-in-law of the de facto complainant. The marriage took place on 21/11/04. The spouses are blessed with one child. There is no allegation that any physical injury was suffered by the victim. The crime has been registered alleging matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC. 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 absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. B.A. No. 1247 of 2008 -: 2 :- 3. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 7/3/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 10/3/08 and 11/3/08. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer 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 the petitioners were arrested prior to their surrender on 7/3/08 as directed in clause (i) above, they shall be released B.A. No. 1247 of 2008 -: 3 :- on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 7/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge