IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 496 of 2008() ---------------------------- CRIME NO.476/07 OF AMBALAPUZHA POLICE STATION : PETITIONERS ---------------------------- 1. NAJEERA BEEVI ,W/O.ABDUL HAMEED SAMEERA MANZIL,WARD NO.3,KUMARAPURAM VILLAGE, KARTHIKAPALLY TALUK. 2. KHADEJA, W/O.ABDUL SATHAR,SAMEERA MANZIL WARD NO.3,KUMARAPURAM PANCHAYATH, THAMALLAKKAL VADAKKEMURI,KUMARAPURAM VILLAGE, KARTHIKAPALLY TALUK. BY ADV. SRI.P.K.JOSEPH RESPONDENTS: RESPONDENT ----------------------- THE SUB INSEPCTOR OF POLICE,AMBALAPUZHA POLICE STATION ,AMBALAPUZHA,ALLEPPY DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.496 of 2008 ------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are accused 3 and 4. They face allegations in a crime registered under Section 498 A r/w 34 I.P.C. The 1st accused is the husband of the defacto complainant. The petitioners are the sisters in law of the defacto complainant, ie. sister of the husband and the wife of the brother of the husband respectively. Investigation is now complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor submits that the petitioners shall not be arrested now by the police. They need only surrender before the learned Magistrate and seek regular bail. 4. It is for the petitioners to surrender before the learned Magistrate and seek regular bail. I have no reason to assume that B.A.No.496 of 2008 2 the learned Magistrate would not consider such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 5. This application for anticipatory bail is, in these circumstances, dismissed, but with the specific observation that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself. 6. In the peculiar facts and circumstances of this case, there shall be a further direction that the warrants of arrest, if any, issued against the petitioners shall not be executed till 08.02.08. On or before that date, the petitioners shall appear before the learned Magistrate and seek regular bail. (R.BASANT, JUDGE) rtr/- B.A.No.496 of 2008 3