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. 2661 of 2008() ----------------------------- CRIME NO. 133/08 OF KUNNATHUNADU POLICE STATION PETITIONER : 2ND ACCUSED: ----------------------------- SMT.MARIYAMMA, AGED 76 YEARS, W/O.LATE THOMAS, VELIYATHUKADY, KIZHAKKAMBALAM, NOW RESIDING C/O.K.V.JACOB, CHURCH OF GOD IN INDIA, PUTHUPPALLY, KAYAMKULAM. BY ADV. SRI.M.V.JOY RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY 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: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2661 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the mother- in-law of the defacto complainant. The marriage took place on 6.10.2007. Separate residence admittedly commenced on 31.1.2008. Allegations of matrimonial cruelty are raised in the F.I.R. registered on 7.3.2008. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Strain in the matrimony is prompting the defacto complainant to make false allegations. The petitioner may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor does not oppose the application. I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner, subject to appropriate conditions. B.A.No. 2661 of 2008 2 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 6.5.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that she executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 7.5.08 and thereafter as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 6.5.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with her in accordance with law. B.A.No. 2661 of 2008 3 (d) If the petitioner were arrested prior to her surrender on 6.5.2008 as directed in clause (1) above, she shall be released on bail on her executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 6.5.2008. (R. BASANT) Judge tm