IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 258 of 2008() ---------------------------- CRIME NO.658/07 OF PATTAMBI POLICE STATION CMP.4808/07 OF MUNSIFF MAGISTRATE COURT, PATTAMBI : PETITIONER/2ND ACCUSED --------------------------------------- LAKSHMI AMMA, W/O LATE BALASUBRAMANIAN, AGED 54 YEARS, NHALITHODI VEEDU, SANKARAMANGALAM POST, PATTAMBI, OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SHO PATTAMBI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.258 of 2008 ------------------------------------- Dated this the 17th day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations of matrimonial cruelty of the culpable variety punishable under Section 498 I.P.C. Crime has been registered on the basis of a private complaint filed by the defacto complainant before the learned Magistrate. The learned Magistrate referred the same to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner, who is the 2nd accused and mother in law of the defacto complainant apprehends imminent arrest. 2. The marriage had taken place on 13.09.2006. The spouses are not blessed with any children. Cognizance has been taken on a private complaint referred to the police. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail. In coming to this conclusion, I take note of the fact that admittedly the victim had not suffered any external physical injuries. I take note of the reality that arrest and incarceration of the petitioner is likely to close the doors of all possibilities of B.A.No.258 of 2008 2 harmonious settlement of the matrimonial disputes. Appropriate conditions can of course be imposed in the interests of a fair, efficient and expeditious investigation. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 24.01.2008. She shall be enlarged on regular bail on her executing 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; ii) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 25.01.08 and 28.01.08. During that period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary for the proper conduct of the investigation. Thereafter the petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of one month and subsequently the petitioner shall make herself available for interrogation as and when directed by the Investigating Officer in writing to do so; B.A.No.258 of 2008 3 iii) If the petitioner does 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 petitioner and deal with her in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to her surrender on 24.01.2008 as directed in clause (1) above, she shall be released from custody on her executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 24.01.2008. (R.BASANT, JUDGE) rtr/-