IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl..No. 1904 of 2008() ----------------------------- CRIME NO.234/08 OF KAYAMKULAM POLICE STATION PETITIONERS/ACCUSED NO.1TO 5 --------------------------------------------- 1. SAJI, AGED 27 YEARS, KANDATHIL PUTHENVEED, VAIKKATH, KEERIKKAD THEKKETHIL, KAYAMKULAM. 2. HALEEMA, AGED 47 YEARS, KANDATHIL PUTHENVEED, VAIKKATH, KEERIKKAD THEKKETHIL, KAYAMKULAM. 3. SAJILA TAJUDHEEN, AGED 22,ANALISSERIL, KANDATHIL PUTHENVEED, VAIKKATH, KEERIKKAD THEKKETHIL, KAYAMKULAM. 4. SANOOJA SALIMSHA, AGED 19 YEARS, THUNDUPARAMBIL, KANDATHIL PUTHENVEED, VAIKKATH, KEERIKKAD THEKKETHIL, KAYAMKULAM. 5. ABDUL LATHEEF, AGED 47, VAIKKATH PADEETTATHIL, KANDATHIL PUTHENVEED, VAIKKATH, KEERIKKAD THEKKETHIL, KAYAMKULAM. BY ADV. SRI.S.SANAL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1904 of 2008 ------------------------------------------------- Dated this the 8th day of April, 2008 ORDER Application for anticipatory bail. The petitioners are the husband of the de facto complainant and his relatives. The marriage between the spouses took place on 18/11/06. The wife is pregnant by five months now. The petitioners face allegations of matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC. The crime has been registered on the basis of a First Information Statement lodged by the wife of the 1st petitioner when she was undergoing treatment at the hospital. She alleges that ever since the marriage took place, she has been subjected to harassment, vexation and cruelty. There was an attempt for reconciliation after the spouses started separate residence on account of the strain in the matrimony. It is after she returned B.A. No. 1904 of 2008 -: 2 :- to her husband's house that the present bout of culpable cruel behaviour followed. The wound certificate shows that the de facto complainant has suffered some simple injuries and had made a fairly prompt allegation of physical cruelty at the hands of her husband and mother-in-law. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There is strain in the matrimony. Because of such strain, false, frivolous, vexatious and exaggerated allegations are being raised against the petitioners. It is possible for the parties to settle their disputes and resume harmonious cohabitation. Arrest and incarceration of the petitioners is likely to close the doors on such return of harmony into the matrimonial relationship. The de facto complainant is pregnant also. In these circumstances, it is prayed that a lenient view may be taken and in the interests of matrimonial harmony, anticipatory bail, subject to appropriate conditions, may be granted to the petitioners. 3. I have perused the Case Diary. I have also perused the wound certificate. After detailed discussions at the Bar, I am satisfied and the learned Public Prosecutor does not fairly oppose the said course that the petitioners can be granted anticipatory bail subject to appropriate conditions. I must B.A. No. 1904 of 2008 -: 3 :- immediately mention that the allegations though serious I take note that the injuries suffered are not grievous or serious. I further take note of the reality that the arrest and incarceration of the petitioners is likely to foreclose the option of harmonious settlement of the matrimonial disputes. I am satisfied, in these circumstances, that subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation, anticipatory bail can be granted to the petitioners. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 15/4/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 16/4/08 and 17/4/08 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. B.A. No. 1904 of 2008 -: 4 :- (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 the petitioners were arrested prior to their surrender on 15/4/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 15/4/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge