IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No.2838 of 2008 ( ) ---------------------------------- CRIME NO.136/08 OF CHADAYAMANGALAM POLICE STATION .......... PETITIONERS/ACCUSED ---------------------------- 1. MUHAMMAD RAFI,S/O.ABDUL RAHIMAN, SHANIFA MANZIL, MARITTI POIKA, NILEMEL,KOLLAM DISTRICT. 2. RAMALA BEEVI, D/O.MARIAM BEEVI, SHANIFA MANZIL, MARITTI POIKA, NILEMEL,KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2838 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. Petitioners are accused Nos.1 and 2 in Crime No.136/08 of Chadayamangalam Police Station registered for offence under Section 498A IPC read with Section 34 thereof. They are respectively son and mother and the crime is registered against them on the complaint made by the wife of the first petitioner who is the daughter-in-law of the second petitioner. I have heard the submissions of the counsel for the petitioners and the Public Prosecutor. I am not of the view that the circumstances of the case warrant refusal of anticipatory bail to the petitioners. Hence, anticipatory bail prayed for by the petitioners deserves to be granted, but however imposing stringent conditions. In the result, allowing this application, I direct that the petitioners shall surrender before the Magistrate concerned positively on or before 13/5/2008 and shall deposit by way of cash security an B. A. No.2838 of 2008 -2- amount of Rs.5,000/- each and shall thereafter execute bail bond for Rs.15,000/- each with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioners can be enlarged on bail. On such release, the petitioners shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioners, if need be, and the Magistrate granting it if deemed fit, necessary and legal. On release, the petitioners shall co-operate with the investigation in the case, shall not get themselves involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town in which they are having their permanent B. A. No.2838 of 2008 -3- residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-