IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1737 of 2008() ----------------------------- CRIME NO.349/08 OF THODUPUZHA POLICE STATION PETITIONERS : ACCUSED NO.2 & 3 --------------------------------- 1. MATHEW, S/O.IPPE, AGED 62 YEARS VELUTHEDATHU PARAMBIL HOUSE, EZHALLOOR P.O. KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK IDUKKI DISTRICT. 2. MARY, W/O.MATHEW, AGED 61 YEARS VELUTHEDATHU PARAMBIL HOUSE, EZHALLOOR P.O. KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE THODUPUZHA POLICE STATION, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.1737 of 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are the parents-in-law of the de facto complainant. The marriage took place in 1999. The spouses are not blessed with any children. At the time of marriage the de facto complainant was employed abroad. Now the husband is employed abroad. Matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC is alleged against the petitioners. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Sec.156(3) of the Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and B.A. No.1737 of 2008 -: 2 :- I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate conditions which shall ensure the interests of a proper investigation. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 3. 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 1.4.08. 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 2.4.08 and 3.4.08. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. 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. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A. No.1737 of 2008 -: 3 :- 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 1.4.08 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 1.4.08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge