IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 244 of 2009() ------------------------ CRIME NO. 1402/08 OF KOTTARAKARA POLICE STATION CRMP.3729/2008 of SESSIONS COURT, KOLLAM .................... PETITIONERS/ACCUSED: ------------------------------------ 1. KALAVATHY, AGED 40 YEARS, W/O. SABHAVATHY GANDHI HOUSE NO.44, WARD NO.13, NEAR THUMPARA TEMPLE MUNDAKKAL, KOLLAM. 2. SABHAVATHY GANDHI, AGED 50 YEARS, DO. DO. 3. PATHMAVATHY, AGED 75 YEARS, W/O. ARMUGAN D.NO. 332, RAVINDRANATH LAYOUT, NEW SIDDHAPUDUR, COIMBATORE -44. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM THROUGH SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 244 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2009 O R D E R The petitioners are accused 2 to 4 in a crime registered alleging offences punishable, inter alia, under Section 498A I.P.C. The first accused is the husband of the defacto complainant. Petitioners are the sister, brother-in-law and mother of the first petitioner. They had applied for anticipatory bail and the learned Sessions Judge had granted anticipatory bail to them vide Annex.A order, though the claim of anticipatory bail of the first accused was dismissed. The petitioners were directed to surrender before the learned Magistrate and execute bonds. They were also directed to comply with certain conditions. 2. But after the passing of Annex.A order, before the petitioners could surrender before the learned Magistrate, the first accused, i.e. the husband of the defacto complainant expired. In these circumstances the petitioners could not appear before the Crl.M.C.No. 244 of 2009 2 learned Magistrate as directed in Annex.A order. They applied for extension of time. That request was allowed in part. The petitioners are not able to appear before the learned Magistrate immediately. The learned counsel for the petitioners submits that the petitioners shall be appearing before the learned Magistrate on 28.1.2009. It is prayed that extension of time may be granted till 28.1.2009 to comply with the directions in Annex.A order. I as satisfied that the said request can be accepted. 3. This Crl.M.C. is in these circumstances allowed. The petitioners shall have time till 28.1.2009 to appear before the learned Magistrate and seek regular bail as already directed by the Sessions Judge, Kollam vide order dt. 16.12.2008 in Crl.M.P.3729 of 2008 (Anex.A) 4. Hand over the order. (R. BASANT) Judge tm