IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1759 of 2008() ----------------------------- CRIME NO. 103/08 OF THIRUVAMBADY POLICE STATION PETITIONERS ----------------- 1. MR. GIRISH. M.K., S/O.KUNHAN AGED 24 YEARS, MADATHIL METHAL, KOODARANHI P.O. THIRUVAMBADY, KOZHIKODE. 2. MR. VALLI, W/O.KUNHAN, AGED 48 YEARS MADATHIL METHAL, KOODARANHI P.O. THIRUVAMBADY, KOZHIKODE. 3. MS. GEETHA, D/O.KUNHAN, AGED 17 YEARS MADATHIL METHAL, KOODARANHI P.O. THIRUVAMBADY, KOZHIKODE. BY ADV. SRI. C.VIVEK RESPONDENTS: ------------- 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 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1759 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered under Section 498A I.P.C. The first petitioner is the husband, second petitioner is the mother-in- law and the third petitioners is the sister-in-law of the defacto complainant. The marriage between the first accused and the defacto complainant took place on 22.4.2007. The young bride was allegedly subjected to matrimonial cruelty of the culpable variety at the matrimonial home. Unable to stand such cruelty, the defacto complainant allegedly attempted to commit suicide by self immolation on 2.3.2008. She suffered 35% burns. The F.I. Statement was lodged by the victim. Specific allegations were raised against all the three accused persons. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They are not guilty of any matrimonial cruelty. The disappointment and frustration of the B.A.No. 1759 of 2008 2 newly wedded wife had led her to commit suicide. The petitioners are not responsible for the conduct of the victim. At any rate, the third petitioner is a young girl, she having been born only on 28.5.1991. All the petitioners may, in these circumstances, be granted anticipatory bail, it is prayed. 3. The learned Prosecutor, after perusing the relevant documents made available to court to prove that the date of birth of the third petitioner is 28.5.1991, submits that the State does not want to oppose the application for anticipatory bail of the third petitioner, but in so far as petitioners 1 and 2 are concerned, the application is opposed. He points out that there are specific allegations of matrimonial cruelty of the culpable variety against petitioners 1 and 2. The totality of circumstances must clearly show that the allegations are justified and at any rate there are no circumstances justifying or warranting the invocation of the discretion under Section 438 Cr.P.C. in favour of petitioners 1 and 2. 4. Having considered all the relevant inputs, I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the third petitioner. Appropriate conditions can of course be imposed. B.A.No. 1759 of 2008 3 5. In the result: (1) These applications are allowed in part. (2) The petition in so far as it relates to the petitioners 1 and 2 is dismissed. I may however hasten to observe that if the petitioners appear before the Investigating Officer or the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (3) The following directions are issued under Section 438 Cr.P.C. in favour of the third petitioner. (a) The third petitioner shall appear before the Investigating Officer at 11 a.m. On 2.4.2008. (b) If the third petitioner were arrested by the Investigating Officer, she shall be released 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. (c) She shall make herself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer B.A.No. 1759 of 2008 4 in writing to do so. (d) If the third petitioner does not appear before the learned Magistrate as directed in clause (a) above, these directions shall lapse and the police shall be at liberty thereafter to arrest the third petitioner and deal with her in accordance with law. (R. BASANT) Judge tm