IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Bail Appl..No. 716 of 2008() ---------------------------- CRIME NO. 32/08 OF MUKKAM POLICE STATION PETITIONER/ACCUSED --------------------------- 1. MR.HAMZA, S/O.AHMEDKUTTY,AGED 22 YEARS THACHOLACKAL LAKSHAM VEEDU COLONY ALUMTHARA,NEELESWARAM AMSOM, VENNAKODU DESOM KOZHIKODE. 2. MRS.KHADEEJA, W/O. AHMEDKUTTY AGED 65 YEARS, THACHOLACKAL LAKSHAM VEEDU COLONY ALUMTHARA,NEELESWARAM AMSOM, VENNAKODU DESOM KOZHIKODE. 3. MRS.SAKEENA,W/O.KUNHALAVI, AGED 32 YEARS THACHOLACKAL LAKSHAM VEEDU COLONY ALUMTHARA,NEELESWARAM AMSOM, VENNAKODU DESOM KOZHIKODE. . 4. MRS.SUBAIDA,W/O.ABDUL AZEEZ AGED 30 YEARS,THACHOLACKAL LAKSHAM VEEDU COLONY ALUMTHARA,NEELESWARAM AMSOM, VENNAKODU DESOM KOZHIKODE. 5. MR.ABDUL RAZAK,S/O.AHMEDKUTTY THADATHUMMAL HOUSE,CHATHAMANGALAM AMSOM VENNAKODE DESOM, KOZHIKODE. BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 716 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners herein are the husband of the defacto complainant and his relatives. They face allegations in a crime registered for the offence punishable under Section 498A I.P.C. The marriage between the spouses took place on 10.10.2004. The spouses are blessed with one child, aged 2 ½ years. Crime has been registered on the basis of a private complaint filed by the defacto complainant and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. There is some strain in the matrimonial relationship. Because of such strain false, frivolous and vexatious allegations are being raised against the petitioners. They do not B.A.No. 716 of 2008 2 deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application. The learned Prosecutor reports that there is no physical injury suffered by the victim corresponding to the allegations of physical cruelty. I am, in these circumstances, satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. 4. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 14.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 B.A.No. 716 of 2008 3 p.m. on 15.2.08 and 16.2.2008 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 14.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 14.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 14.2.2008. (R. BASANT) Judge tm