IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1543 of 2008() ----------------------------- CRIME 70/08 OF VELLIKULANGARA POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. MANOJ, S/O. AIPPUTTY, PONTHI HOUSE, CHEMPUCHIRA, VELLIKULANGARA, THRISSUR DIST. 2. AIPPUTTY, PONTHI HOUSE, CHEMPUCHIRA, VELLIKULANGARA, THRISSUR DIST. 3. KARTHIAYANI, W/O. AIPPUTTY, PONTHI HOUSE, CHEMPUCHIRA, VELLIKULANGARA, THRISSUR DIST. 4. OMANA, D/O. VALLON, PONTHI HOUSE, CHEMPUCHIRA, VELLIKULANGARA, THRISSUR DIST. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1543 OF 2008 E ```````````````````````````````````````````````````` Dated this the 12th day of March, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his relatives. Marriage between the spouses took place on 31.3.06. Allegations of matrimonial cruelty of the culpable variety 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 section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that there is strain in the matrimony and such strain is prompting the de facto complainant to make reckless and exaggerated allegations against the petitioners. The petitioners are willing to abide by any reasonable conditions. Arrest and incarceration of the petitioners would close the doors on any possible harmonious settlement of the matrimonial dispute. BA.1543/08 : 2 : The petitioners may be granted anticipatory bail, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. He submits that the de facto complainant has not suffered any external injury corresponding to the allegations of matrimonial physical cruelty hit on her. 4. I am satisfied, considering all the relevant circumstances, that anticipatory bail can be granted to the petitioners subject to terms and conditions. 5. 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 18.3.2008. 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 BA.1543/08 : 3 : interrogation before the investigating officer between 10 a.m and 3 p.m on 19.3.08 and 22.3.08 and thereafter 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. (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 18.3.08, 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 18.3.08. (R.BASANT, JUDGE) aks