IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1898 of 2008() ----------------------------- CRIME NO.51/2008 OF SOORANADU POLICE STATION : PETITIONERS/ACCUSED 1,3 AND 4 ---------------------------------------------- 1. ABDUL SATHAR @ NOWSHAD, S/O HANEEFA KUNJU, PALAVILA THEKKETHIL VEEDU, KIDANGAYAM VADAKKU MURI, SOORANAD SOUTH VILLAGE. 2. SABEENA, D/O HANEEFA KUNJU, PALAVILA THEKKETHIL VEEDU, KIDANGAYAM VADAKKU MURI, SOORANAD SOUTH VILLAGE. 3. HALEEMA KUNJU, W/O HANEEFA KUNJU, PALAVILA THEKKETHIL VEEDU, KIDANGAYAM VADAKKU KURI, SOORANAD SOUTH VILLAGE. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1898 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the de facto complainant and his relatives. They are accused 1,3 and 4. Matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C are raised against the petitioners. Marriage took place on 17/11/2005. The spouses are not blessed with any children. Two incidents on 22/7/2007 and 17/11/2007 are the last of the series of the alleged culpable cruel acts against the de facto complainant, it is alleged. The crime has been registered 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 Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that there is strain in the matrimonial relationship and that is prompting the de facto complainant to make reckless, exaggerated and fanciful allegations against the petitioners. The B.A.No.1898/08 2 petitioners may be granted anticipatory bail to save them from the trauma of undeserved arrest and detention, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case that the petitioners can be granted anticipatory bail. I do take note of the submission of the learned Public Prosecutor that the alleged victim has suffered no external injuries corresponding to the alleged physical cruelty. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 02/04/2008. They shall be released 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 03/04/2008 and 04/04/2008. During this period, B.A.No.1898/08 3 the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iv) 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. (v) If they were arrested prior to 02/04/2008, 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 02/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1898/08 4 B.A.No.1898/08 5 R.BASANT, J. CRL.M.CNo. ORDER B.A.No.1898/08 6 21ST DAY OF MAY2007