IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2176 of 2008() ----------------------------- CRIME NO.206/08 OF ADOOR POLICE STATION CRMP.642/2008 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONERS : ACCUSED 1 AND 2 -------------------------------- 1. ANSHAR MUHAMMED, AGED 19 YEARS S/O.ABOO MUHAMMED, THENGUMVILA PUTHANVEETTIL MALLANKUZHA, ENADIMANGALAM, ADOOR PATHANAMTHITTA DISTRICT. 2. AYSHA BEEVI, AGED 44 YEARS W/O.ABOO MUHAMMED, THENGUMVILA PUTHANVEETTIL MALLANKUZHA, ENADIMANGALAM, ADOOR PATHANAMTHITTA DISTRICT. BY ADV. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2176 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. Altogether there are only two accused persons. They are the son and wife of the defacto complainant. There is strain in the relationship between the father and the son. Allegations and counter allegations have been raised. The father has also suffered a fracture of the ulna as also a bite injury allegedly inflicted on him by the second petitioner, his wife. In the counter case registered the mother alleges that the father and the son quarreled and involved in a incident. She tried to intervene and save the situation. Crime was allegedly committed by the father in the course of such incident. 2. Having considered all the relevant circumstances I am satisfied and the learned Prosecutor does not oppose the said course that directions under section 438 Cr.P.C. Can be issued in favour of the petitioners. In coming to this conclusion I take note B.A.No. 2176 of 2008 2 of the nature of the allegations, the nature of the injuries as also the close relationship between the parties concerned. 3. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 21.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 22.4.2008 and 23.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they B.A.No. 2176 of 2008 3 shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 21.4.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 21.4.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 21.4.2008. (R. BASANT) Judge tm