IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1104 of 2008() ----------------------------- AGAINST THE ORDER DATED / / IN CMP./07 IN CC./2007 of J.M.F.C.-II,HOSDRUG CRIME NO.35/08 OF NILESHWAR POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 5: ----------------- 1. K.M.C. ABDUL AZEEZ, AGED 30 YEARS, S/O. ABDULRAHIMAN T.K., RESIDING AT THAIKKADAPPURAM, P.O., THAIKKADAPPURAM, NILESHWAR VILLAGE. 2. K.M.C. KUNHAMI, AGED 50 YEARS, W/O. ABDULRAHIMAN.T.K., RESIDING AT THAIKKADAPPURAM, P.O., THAIKKADAPPURAM, NILESHWAR VILLAGE. 3. K.M.C. FATHIMA, AGED 22 YEARS, D/O. ABDULRAHIMAN.T.K., RESIDING AT THAIKKADAPPURAM, P.O., THAIKKADAPPURAM, NILESHWAR VILLAGE. 4. K.M.C. KHADEEJA, AGED 24 YEARS, D/O. ABDULRAHIMAN.T.K., RESIDING AT THAIKKADAPPURAM, P.O., THAIKKADAPPURAM, NILESHWAR VILLAGE. 5. K.M.C. ABOOBACKER, S/O. BEEFATHIMA, RESIDING AT THAIKKADAPPURAM, P.O., THAIKKADAPPURAM, NILESHWAR VILLAGE. BY ADV. SMT.T.SUDHAMANI -: 2 :- RESPONDENT: ------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1104 of 2008 ------------------------------------------------- Dated this the 25th day of February, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 5. They are the husband of the de facto complainant and his relatives. Marriage took place on 15/4/07. Allegations are raised of the offence of matrimonial cruelty punishable under Sec.498A of the IPC. Cognizance has been taken on the basis of a private complaint filed by the de facto complainant 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 submits that the petitioners are absolutely innocent. The 1st accused/the husband is a deaf and dumb person. Frustrations and B.A. No. 1104 of 2008 -: 2 :- disappointments in marriage are prompting the de facto complainant to raise reckless and exaggerated allegations. Arrest and incarceration of the petitioners is likely to close the doors permanently on any possibility of harmonious settlement of the matrimonial dispute. The petitioners are willing to abide by any conditions. They may be granted anticipatory bail subject to appropriate conditions, prays the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor reports that the alleged victim/the de facto complainant is not shown to have suffered any injury consequent to the alleged infliction of cruelty on her by the petitioners. 4. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioners subject to appropriate conditions which shall ensure the interests of a proper investigation. 5. 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 3/3/08. They shall B.A. No. 1104 of 2008 -: 3 :- 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 4/3/08 and 5/3/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. 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 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 B.A. No. 1104 of 2008 -: 4 :- on 3/3/08 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 3/3/08. (R. BASANT, JUDGE) Nan/