IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 878 of 2008() ---------------------------- CRIME NO.27/08 OF KODAKARA POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- THRESIA, AGED 70 YEARS, W/O. THOMAS, KUNNATHUPARAMBIL HOUSE, IKKARAKUNNU P.O., EDAKULAM, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KODAKARA, REP. 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 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 878 OF 2008 ------------------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for anticipatory bail. The petitioner is the mother-in-law of the deceased, her son – the co-accused, having married the deceased. The deceased committed suicide allegedly unable to stand the matrimonial cruelty heaped on her by her husband – the 1st accused, and the petitioner herein. The 1st accused had come before this Court for anticipatory bail and by order dated 6/2/2008 in B.A.No.654/08, his application for anticipatory bail was dismissed. I have adverted to the facts in detail in the said order. This order must be read in continuation of the said order. I am hence not adverting to the facts in any greater detail in this order. 2. The Case Diary does not reveal the specific allegations or the circumstances against the petitioner herein. The B.A. No. 878 OF 2008 -: 2 :- 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. Appropriate conditions can, of course, be imposed in the interests of a fair, efficient and expeditious investigation. 3. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 25/2/08. She shall be released on regular bail on her executing a bond for Rs.25,000/- 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 1 p.m. on 26/2/08 and 27/2/08. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, she shall so make herself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A. No. 878 OF 2008 -: 3 :- thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with her in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to her surrender on 25/2/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 25/2/08. (R. BASANT, JUDGE) Nan/