IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 219 of 2008() ---------------------------- CRIME NO.766/07 OF PANDALAM POLICE STATION : PETITIONER/ACCUSED 1 & 2 ----------------------------------- 1. KOYAKUTTY.E., AGED 45 YEARS, S/O.LATE ISMAIL KUTTY, ASHA MANZIL, NADUKUNNU, PATHANAPURAM P.O., KOLLAM. 2. SAITHOON BEEVI, AGED 65 YEARS, W/O.LATE ISMAILKUTTY, ASHA MANZIL, NADUKUNNU, PATHANAPURAM P.O., KOLLAM. 3. SUBAIDA, AGED 47 YEARS, W/O.KAMARUDEEN, ALEEF MANZIL, KARAMCODE, KUNNICODE P.O., KOLLAM. 4. HABEEBA, AGED 40 YEARS, W/O.SHAJAHAN, MECCA MANZIL, VALAMCODE P.O, PUNALUR, KOLLAM. 5. HAMSA KUTTY, AGED 58 YEARS, S/O.LATE ISMAILKUTTY, ASHA MANZIL, NADUKUNNU, PATHANAPURAM P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THE PANDALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.219 of 2008 ------------------------------------- Dated this the 16th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are the husband of the defacto complainant and his relatives. The marriage between the spouses took place on 25.05.97. The spouses have been blessed with 2 children. Crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred 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 submits that the petitioners are absolutely innocent. There is strain in the matrimony and because of such strain, fanciful and exaggerated allegations are being raised against the husband and his relatives. In these circumstances, the petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the said prayer for anticipatory bail. Appropriate conditions may be imposed, it is submitted. I am satisfied that the petitioners can be granted anticipatory bail. In coming to this conclusion I take note B.A.No.219 of 2008 2 of the reality that arrest and incarceration of the petitioners is likely to mar matrimonial tie beyond repair. Appropriate conditions can, of course, be imposed, which shall ensure the iinterests of a fair, efficient and expeditious investigation. 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 23.01.2008. They shall be enlarged on regular bail on their executing 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 24.01.08 and 25.01.08 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months. Subsequently the petitioners shall 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 B.A.No.219 of 2008 3 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 23.01.2008 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) without any sureties undertaking to appear before the learned Magistrate on 23.01.08. (R.BASANT, JUDGE) rtr/-