IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2681 of 2008() ----------------------------------------- (CRIME NO.337/2008 OF KATTAPPANA POLICE STATION) PETITIONERS: ----------------------- 1. FELIX P.MATHEW,AGED 44,S/O.JOSEPH MATHEW,C-7,AKASVANI QUARTERS,NGO QUARTERS JUNCTION,THRIKKAKARA. 2. JASMY ALIAS PRINCY FELIX,AGED 35, W/O.FELIX P.MATHEW,C-7,AKASVANI QUARTERS, NGO QUARTERS JUNCTION,THRIKKAKARA. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB RESPONDENTS: -------------------------- 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE,KATTAPPANA, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ B.A.No.2681 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER Application for anticipatory bail. Petitioners are spouses. They face allegations in a crime registered alleging the offence punishable under Section 395 I.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the allegations are raised mala fide. Initially the allegation under Section 395 was not raised. It was included subsequently. In fact, there is a civil dispute between the parties. To steal a march over the petitioners in such dispute, false and vexatious allegations are being raised in a criminal complaint filed by the defacto complainant. The petitioners are willing to abide by any conditions. They may be spared of the undeserved trauma of arrest and detention, it is prayed. 3. The learned Public Prosecutor opposes the application. But notwithstanding the opposition, I am satisfied, in the facts and circumstances of the case, that the petitioners can be granted anticipatory bail subject of course to appropriate and strict conditions. B.A.No.2681 of 2008 2 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 06.05.2008. They shall be enlarged on regular bail on their executing 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 07.05.08 and 08.05.08. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officerbetween 10 a.m and 12 noon on all Mondays for a period of one month and subsequently 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 thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 06.05.08 as directed in clause (1) above, 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 06.05.08. (R.BASANT, JUDGE) rtr/-