IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1131 of 2008() ----------------------------- [CRIME NO.85/2008 OF KUNNATHUNADU POLICE STATION] : PETITIONER/ACCUSED 1 TO 5: ------------------------------------------- 1. NOUSHAD, S/O. IBRAHIM, POOLANJI THEKKEVEETTIL HOUSE, PATTIMATTOM VILLAGE, KAVUNGALPARAMBU BHAGOM, CHELAKULAM KARA, KUNNATHUNADU VILLAGE. 2. IBRAHIM, S/O. MOIDEEN, POOLANJI THEKKEVEETTIL HOUSE, PATTIMATTOM VILLAGE, KAVUNGALPARAMBU BHAGOM, CHELAKULAM KARA, KUNNATHUNADU VILLAGE. 3. PATHUMMA, W/O. IBRAHIM, POOLANJI THEKKEVEETTIL HOUSE, PATTIMATTOM VILLAGE, KAVUNGALPARAMBU BHAGOM, CHELAKULAM KARA, KUNNATHUNADU VILLAGE. 4. SELIN, D/O. IBRAHIM, POOLANJI THEKKEVEETTIL HOUSE, PATTIMATTOM VILLAGE, KAVUNGALPARAMBU BHAGOM, CHELAKULAM KARA, KUNNATHUNADU VILLAGE. 5. SHEEBA, D/O. IBRAHIM, POOLANJI THEKKEVEETTIL HOUSE, PATTIMATTOM VILLAGE, KAVUNGALPARAMBU BHAGOM, CHELAKULAM KARA, KUNNATHUNADU VILLAGE. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1131 of 2008 ---------------------------------------- Dated this the 25th day of February 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 4/11/2007. Crime has been registered on the basis of a complaint lodged before the Deputy Superintendent of Police. Investigation is in progress. Petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. There is strain in the matrimonial relationship and that is prompting the de facto complainant to make reckless, exaggerated and fanciful allegations against the petitioners. Attempts are afoot to settle the dispute. In any view of the matter, the petitioners may be granted anticipatory bail to save them from the trauma of undeserved arrest and detention, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate conditions which shall ensure the interests of a proper and efficient investigation. In B.A.No.1131/08 2 coming to this conclusion I take note of the fact that arrest and detention of the petitioners is likely to mar all possibilities of harmonious reconciliation of the matrimonial tie. I do further take note of the submission of the learned Public Prosecutor that the alleged victim has suffered no external injuries also. 4. 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 03/03/2008. 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 04/03/2008 and 05/03/2008. 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 B.A.No.1131/08 3 petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (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 03/03/2008, 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 03/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1131/08 4 B.A.No.1131/08 5 R.BASANT, J. CRL.M.CNo. ORDER B.A.No.1131/08 6 21ST DAY OF MAY2007 (R.BASANT, JUDGE) jsr B.A.No.1131/08 7 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007