IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1325 of 2008() ----------------------------- CRIME NO.3/08 OF CHELAKKARA POLICE STATION .................... PETITIONERS: ACCUSED NOS.2 & 4: ----------------------------------- 1. HYDHER, S/O.VAPPU, 62 YEARS, ALLANNOOR HOUSE, THONOOKKARA VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. ASHRAF, S/O.HYDHER, 32 YEARS, ALLANNOOR HOUSE, THONOOKKARA VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY SRI.SOJAN MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLICL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1325 of 2008 ------------------------------------------------- Dated this the 4th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 2 and 4. The petitioners are the relatives of the husband of the de facto complainant. The allegations under Sec.498A of the IPC are raised against the petitioners. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Sec.156(3) of the Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned Public Prosecutor reports that the victim has not suffered any physical injury corresponding to the allegations of physical cruelty. The learned Public Prosecutor, in these circumstances, does not oppose the application for B.A. No. 1325 of 2008 -: 2 :- anticipatory bail. 3. I reckon that as an informed and reasonable stand taken by the learned Public Prosecutor. The arrest and incarceration of the petitioners is likely to mar the matrimonial tie beyond repair. Subject to appropriate conditions anticipatory bail can be granted to the petitioners, I am satisfied. 4. 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 11/3/08. 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 12/3/08 and 13/3/08. 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 B.A. No. 1325 of 2008 -: 3 :- 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 11/3/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 11/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge