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. 1230 of 2008() ----------------------------- CRIME 4/08 OF CHATHANOOR POLICE STATION PETITIONERS/ ACCUSED NOS.1 TO 4: ------------------------------------ 1. REJANEESH KUMAR, S/O.SHAMUGHAN PILLAI, GIREESH BHAVAN, NEDUNGOLAM, KOLLAM. 2. SANTHA KUMARI, W/O.SHAMUGHAN PILLAI, GIREESH BHAVAN, NEDUNGOLAM, KOLLAM. 3. GIREESH KUMAR, S/O.SHAMUGHAN PILLAI, GIREESH BHAVAN, NEDUNGOLAM, KOLLAM. 4. GIRIJAMBIKA, D/O.SANTHAKUMARI AMMA, 'REVATHI', VELAMANOOR. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER 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. 1230 OF 2008 C ```````````````````````````````````````````````````` Dated this the 29th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his relatives. They face allegations in a crime registered alleging commission of the offence punishable under section 498A IPC. The marriage between the spouses took place on 22.8.03. The spouses are blessed with one child. The crime is registered on the basis of a private complaint filed before the Magistrate and referred to the police by the learned Magistrate 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 now. I take note of the submission of the BA.1230/08 : 2 : learned Public Prosecutor that the de facto complainant has not suffered any injuries. I do also take note of the reality that arrest and incarceration of the petitioners is likely to mar all possibilities of harmonious reconciliation of the matrimonial dispute. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 7.3.2008. 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 10.3.08 and 11.3.08 and thereafter on all Mondays and Fridays between 10 a.m and 12 noon for a BA.1230/08 : 3 : period of two months. Subsequently, the petitioners shall so appear 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 they were arrested prior to 7.3.08, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 7.3.08. (R.BASANT, JUDGE) aks