IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1207 of 2008() ----------------------------- CRIME NO.37/08 OF CHAVARA SOUTH POLICE STATION PETITIONERS ----------------- 1. SHERHAN, S/O. M.M.BASHEER, RESIDING AT RASHID MANZIL, KOONTHALLOOR, CHIRAYINKIL. 2. M.M.RASHEED, RESIDING AT RASHID MANZIL, KOONTHALLOOR, CHIRAYINKIL. 3. THAHIRA BEEVI, RESIDING AT RASHID MANZIL, KOONTHALLOOR, CHIRAYINKIL. BY ADV. SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB-INSPECTOR OF POLICE CHAVARA SOUTH POLICE STATION, KOLLAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1207 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the defacto complainant and his relatives. The marriage took place on 10.6.2007. The petitioners face allegations of matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. Crime has been registered on the basis of a petition filed before the police. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There is strain in the matrimony. Because of such strain fanciful and exaggerated allegations are being raised. They may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application. He only prays that appropriate conditions may be imposed. 4. I am satisfied that anticipatory bail can be granted to B.A.No. 1207 of 2008 2 the petitioners, subject to appropriate terms and conditions. In coming to this conclusion I take note of the reality that arrest and incarceration of the petitioners is likely to mar all possibilities of harmonious reconciliation of marital relationship. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 6.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 7.3.08 and 10.3.2008 and thereafter between 10 and 12 noon on all Sundays for a period of two months and subsequently as and B.A.No. 1207 of 2008 3 when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 6.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 6.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 6.3.2008. (R. BASANT) Judge tm