IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 674 of 2008() ---------------------------- CRIME NO. 989/07 OF KUNDARA POLICE STATION PETITIONERS/ACCUSED NO.1 TO 3 ---------------------------------------------- 1. SENIL, ST.ANTONY'S VEEDU, CHERUMOODU, VELLIMON P.O., KOLLAM. 2. SAJAN, ST.ANTONY'S VEEDU, CHERUMOODU, VELLIMON P.O., KOLLAM. 3. METTY, ST.ANTONY'S VEEDU, CHERUMOODU, VELLIMON P.O., KOLLAM. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 674 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners herein are the husband of the defacto complainant and his relatives. The marriage between the spouses took place on 24.5.2007. It is alleged that the petitioners are guilty of matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. Crime has been registered on the basis of a complaint filed by the defacto complainant before the police. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. In coming to this conclusion I take note of the reality that the arrest and incarceration of the petitioners is likely to mar all possibilities of harmonious resolution of marital relationship. I further take B.A.No. 674 of 2008 2 note of the submission of the learned Prosecutor that the foundation of the complaint is the very peculiar relationship of the husband of the defacto complainant with his twin brother. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 3. 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 13.2.2008 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 1 p.m. on 14.2.08 and 15.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all B.A.No. 674 of 2008 3 necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 13.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 13.2.2008 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 13.2.2008. (R. BASANT) Judge tm