IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2276 of 2008() ----------------------------- CRIME NO. 234/08 OF KASARGOD POLICE STATION PETITIONERS : ACCUSED 2 AND 3 -------------------------------- 1. ASIAMMA, W/O.ABDULLA HAJI AGED 64 YEARS, TEENAGE STREET, AL-BAITHUL JAFFRI ADKATHBAIL, KASARGOD. 2. AYSHA, W/O.ABDUL HAMEED AGED 24 YEARS, TEENAGE STREET, AL-BAIATHUL JAFFRI ADKATHBAIL, KASARGOD. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (THROUGH SUB INSPECTOR OF POLICE KASARGOD POLICE STATION) BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2276 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are the mother-in-law and the second wife of the first accused. The defacto complainant is the first wife of the first accused. The defacto complainant alleges matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. against all the three accused. Both the wives were allegedly shared the same roof. The first accused has already been arrested and enlarged on bail. The petitioners apprehend imminent arrest. 2. The marriage between the defacto complainant and the first accused took place on 20.2.1997. Two children were born in the wedlock. Both the wives were allegedly leading a peaceful life under the same roof for some time. The learned Prosecutor submits that the second petitioner can now be granted anticipatory bail. He reports that the first petitioner/A2 has already been deleted from the array of accused. B.A.No. 2276 of 2008 2 3. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances, that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. 4. In the result: (1) This application is allowed in part. The claim for anticipatory bail of the first petitioner is dismissed accepting the submission of the learned Prosecutor that she does not continue on the array of accused. (2) The following directions are issued under Section 438 Cr.P.C. in favour of the second petitioner. (a) The second petitioner shall surrender before the learned Magistrate on 21.4.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail 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. B.A.No. 2276 of 2008 3 (b) The second petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 22.4.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) If the second petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 21.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with her in accordance with law. (e) If the second petitioner were arrested prior to her surrender on 21.4.2008 as directed in clause (1) above, she shall be released on bail on her executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 21.4.2008. (R. BASANT) Judge tm