IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1152 of 2008() ----------------------------- CRIME NO.25/08 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT : PETITIONERS/ACCUSED NO.1-3: -------------------------------------------- 1. MANIKANDAN, S/O. THANKAPPAN, MANIKANDA VILASAM, PULIPPARA P.O., KADAKKAL,KOLLAM 2. THANKAPPAN, AGED 58 YEARS, MANIKANDA VILASAM, PULIPPARA P.O., KADAKKAL,KOLLAM 3. BABY, W/O. THANKAPPAN, AGED 53 YEARS, MANIKANDA VILASAM, PULIPPARA P.O., KADAKKAL, KOLLAM. BY ADV. SRI.LIJU. M.P RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1152 of 2008 ---------------------------------------- Dated this the 26th day of February 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. They are the husband of the de facto complainant and her parents-in-law. The marriage took place on 06/12/2004. The spouses are blessed with one child. Petition for divorce filed by the first petitioner/husband is pending before the court. The present crime has been registered alleging commission of the offences punishable inter alia under Section 498A I.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. There is strain in the matrimonial relationship and that is prompting the de facto complainant to make reckless, exaggerated and fanciful allegations against the petitioners. The petitioners may be granted anticipatory bail subject to any appropriate conditions, it is prayed. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor reports that the alleged victim has not suffered any physical injury. B.A.No.1152/08 2 4. I am satisfied, in the facts and circumstances of this case that the petitioners can be granted anticipatory bail. 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 04/03/2008. 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 12 noon on 06/03/2008 and 07/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners 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. B.A.No.1152/08 3 (iv) 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. (v) If they were arrested prior to 04/03/2008, 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 04/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1152/08 4 B.A.No.1152/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007