IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Bail Appl..No. 313 of 2008() ---------------------------- CRIME NO.23/2008 OF THIRUVALLA POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. AJAYAKUMAR, AGED 37 YEARS, S/O.BHASKARAN PEROOR (NEDUMPARAMBIL) HOUSE, PALIAKKARA P.O., THIRUVALLA TALUK. 2. BHASKARAN, AGED 67 YEARS, PEROOR (NEDUMPARAMBIL) HOUSE, PALIAKKARA P.O., THIRUVALLA TALUK. 3. JAGADAMMA, AGED 62 YEARS, PEROOR (NEDUMPARAMBIL) HOUSE, PALIAKARA P.O. THIRUVALLA TALUK. 4. JAYA BOSE, AGED 42 YEARS, W/O.BOSS, KARTHIKA, PADINJATTOTHARA P.O., KATTOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.R.GIREESH VARMA RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.313 of 2008 ---------------------------------------- Dated this the 21st day of January 2008 O R D E R Application for anticipatory bail. The petitioners are the husband and his relatives. The marriage took place on 22/6/2003. The spouses are not blessed with any children. They are admittedly residing separately. Long after the separate residence commenced, the present crime has been registered. The crime has, in turn, been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate 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 prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case that the petitioners can be granted anticipatory bail. In coming to this conclusion I take note of the broad circumstances in this case. I take note of the fact that arrest and detention of the petitioners is likely to mar all possibilities of harmonious reconciliation of B.A.No.313/08 2 the matrimonial tie. Appropriate conditions can of course be imposed. 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 28/01/2008. 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 29/01/2008 and 30/01/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.313/08 3 (iv) 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. (v) If they were arrested prior to 28/01/2008, 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 28/01/2008. (R.BASANT, JUDGE) jsr B.A.No.313/08 4 B.A.No.313/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007