IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 8066 of 2007() ----------------------------- CRIME NO.831/2007 OF MATHILAKAM POLICE STATION PETITIONERS ---------------------------- 1. SREEJITH O.S., AGED 28 YEARS, S/O. SASI, OLIPARAMBIL HOUSE, NJARACKAL, ERNAKULAM. 2. SASI, AGED 60 YEARS, OLIPARAMBIL HOUSE, NJARACKAL, ERNAKULAM. 3. SUSHEELA, AGED 50 YEARS, W/O. SASI, OLIPARAMBIL HOUSE, NJARACKAL, ERNAKULAM. BY ADV. SMT.DIJI.K.DASAN SRI. BIJUMON P.V. RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8066 of 2007 ---------------------------------------- Dated this the 4th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the de facto complainant/wife and her parents-in-law. Marriage took place on 11/1/2004. Spouses are blessed with one child. Spouses are residing separately from 13/7/2007, it is submitted. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. The complaint relates to an incident which took place on 27/9/2007. The complaint is dated 26/11/2007. 2. The learned counsel for the petitioners submits that the allegations are totally false. After the first petitioner filed an application for restitution of conjugal rights, totally false allegations have now been raised by the de facto complainant against the petitioners. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. B.A.No.8066/07 2 i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11/01/2008. 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 3 p.m on 14/01/2008 and 15/01/2008 and thereafter 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 11/01/2008, 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 11/01/2008. (R.BASANT, JUDGE) jsr B.A.No.8066/07 3 B.A.No.8066/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007