IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2691 of 2008() ----------------------------- CRMP.1059/2008 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.262/2008 OF KARUNAGAPPALLY POLICE STATION) PETITIONERS:ACCUSED 1,3,4: ----------------------------------------------- 1. THULASEEDHARAN, S/O.PADMANABHAN, AGED 56 YEARS, RESIDING AT SHINE VILLA, MADATHIKARAZHMA, OACHIRA, KOLLAM. 2. GOPAKUMAR, AGED 31, S/O.GOPALAN, NETTURETHUPADEETTATHIL, MADATHIKARAZHMA, OACHIRA, KOLLAM. 3. SAJI, AGED 33 YEARS, S/O.BALAKRISHNAN, THRAYIL (SAJIBHAVANAM), MADATHIKARAZHMA, OACHIRA, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, KARUNAGAPPALLY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ B.A.No.2691 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1, 3 and 4. The defacto complainant has married his brother's widow. Accused No.1 is his brother in law. Accused 3 and 4, the other petitioners, are friends of the 1st accused. Accused 2 is the step son of the defacto complainant. Allegations are raised under Sections 452 and 324 I.P.C. The alleged incident took place on 16.03.07. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. It is submitted that the whole dispute is an off shock of the matrimonial dispute between the spouses. In any view of the matter, the petitioners may be saved of the undeserved trauma of arrest and detention, it is prayed. 3. The learned Public Prosecutor opposes the application. Notwithstanding the opposition of the learned Public Prosecutor, I am satisfied that in the peculiar facts and circumstances of this case, directions under Section 438 Cr.P.C can be issued. B.A.No.2691 of 2008 2 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 06.05.2008. They shall be enlarged on regular bail on their executing bond 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 4 p.m on 07.05.08 and 08.05.08. 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. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently 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 those directions were not issued at all; B.A.No.2691 of 2008 3 iv) If the petitioners were arrested prior to their surrender on 06.05.2008 as directed in clause (1) above, 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 06.05.08. (R.BASANT, JUDGE) rtr/-