IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 7798 of 2009 CRIME NO.323 OF 2009 OF BALANAGAR POLICE STATION, RANGA REDDI DISTRICT, ANDHRAPRADESH PETITIONERS: ACCUSED --------------------------- 1. MOHAMMED IQBAL, AGED 28, S/O. SHAMSUDDIN,WORKING AS ENGINEER, RLSU-SU000, STAFF NO.R085-HAL,BALANAGAR, HYDERABAD, ANDHRA PRADESH STATE, HAVING RESIDENTIAL ADDRESS AT JAS MANZIL, ALUMMOOD.P.O, PUNUKKANNOOR, KOLLAM-5. 2. M. SHAMSUDDIN, AGED 64 YEARS, S/O.MYTHEEN KUNJU, JAZ MANZIL, ALUMMOOD..O, ANUKKANNOOR, KOLLAM-5. 3. SHEREEFA BEEVI, AGED 53 YEARS, W/O. SHAMSUDDIN, JAZ MANZIL, -DO- 4. RUKSANA, AGED 24 YEARS, W/O. KEBIN, JAZ MANZIL, -DO- BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE FOR THE STATE OF ANDHRAPRADESH, POLICE HEAD QUARTERS, HYDERABAD, ANDHRAPRADESH. 3. THE DISTRICT SUPERINTENDENT OF POLICE, RANGAREDDY DISTRICT, ANDHRAPRADESH. 4. THE STATION HOUSE OFFICER, BALANAGAR POLICE STATION, RANGA REEDI DISTRICT, ANDHRAPRADESH. 5. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7798 OF 2009 ------------------------------------------------------ Dated this the 21st day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners apprehend arrest in Crime No.323 of 2009 of Balanagar Police Station, Andhra Pradesh. It is stated that the offence alleged against them is under Section 498A of the Indian Penal Code. It is stated that the first petitioner is the husband of the de facto complainant, second and third petitioners are the parents of the first petitioner and the fourth petitioner is the sister of the first petitioner. Learned counsel for the petitioner submitted that the first petitioner has filed a petition before the Family Court, Thiruvananthapuram against the de facto complainant for restitution of conjugal rights and that the said case is pending. The learned counsel also submitted that the petitioners are prepared to take appropriate steps either to appear before the court concerned or to apply for anticipatory bail before the court having jurisdiction or to resort to other proceedings. The only prayer made by the petitioners is that a breathing time may be granted so that they can take recourse to the appropriate legal remedies. The B.A. NO. 7798 OF 2009 :: 2 :: request is just and reasonable, in the facts and circumstances of the case. 2. The learned Public Prosecutor submitted that Crime No.323 of 2009 of Balanagar Police Station was transferred to Rajendranagar Police Station and it was renumbered as Crime No.1328 of 2009. In the facts and circumstances of the case, the Bail Application is disposed of directing the respondents not to arrest the petitioners in connection with Crime No.1328 of 2009 of Rajendranagar Police Station (Crime No.323 of 2009 of Balanagar Police Station), Andhra Pradesh, for a period of two weeks to enable the petitioners to seek appropriate remedies before the appropriate court. (K.T.SANKARAN) Judge ahz/