IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2283 of 2008() ----------------------------- (CRIME NO. 182/2008 OF CHERTHALA POLICE STATION) PETITIONERS/ACCUSED: ------------------------------------- 1. SHIBU, AGED 36 YEARS, S/O.GANGADHARAN, ILLATHUCHIRA HOUSE, CMC HOUSE NO.23, CHERTHALA P.O., ALAPPUZHA DISTRICT. 2. BHARGHAVI, AGED 75 YEARS, W/O.GANDHARAN, ILLATHUCHIRA HOUSE, CMC HOUSE NO.23, CHERTHALA P.O, ALAPPUZHZA DISTRICT. 3. SARASAMMA, AGED 40 YEARS, W/O.SANTOSH, ILLATHUCHIRA HOUSE, CMC HOUSE NO.23, CHERTHALA P.O ALAPPUZHA DISTRICT. BY ADV. SRI.JOY JOSEPH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2283 OF 2008 A ```````````````````````````````````````````````````` Dated this the 11th day of April, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his relatives. The marriage took place on 9.4.06. No children are born in the wedlock. The spouses started separate residence from September 2007, it is submitted. Crime has been registered on the basis of a private complaint filed by the de facto complainant and referred to the police under section 156(3) Cr.P.C. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. False and vexatious allegations have been raised against the petitioners because of the strain in the matrimonial tie, it is submitted. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer BA.2283/08 : 2 : and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 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 21.4.08. 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 5 p.m on 22.4.08 and 23.4.08. During this period, the investigating officer shall be at liberty to interrogate the BA.2283/08 : 3 : petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they 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. (iii) 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. (iv) If they were arrested prior to 21.4.08, 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 21.4.08. (R.BASANT, JUDGE) aks