IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1348 of 2008() ----------------------------- FIR NO.102/08 OF ARANMULA POLICE STATION : PETITIONERS/ACCUSED NO.2 TO 4 ---------------------------- 1. K.P.VARGHESE, AGED 64 YEARS BIJOY VILLA, NALKALICKAL MURI ARANMULA VILLAGE, KOZHANCHERRY TALUK NALKALICKAL P.O.,ARANMULA, PATHANAMTHITTA DISTRICT 689 533. 2. P.J.MARIAMMA, AGED 60 YEARS W/O.K.P.VARGHESE, BIJOY VILLA, NALKALICKAL MURI ARANMULA VILLAGE, KOZHANCHERRY TALUK NALKALICKAL P.O.,ARANMULA, PATHANAMTHITTA DISTRICT 689 533. 3. RENJITH VARGHESE,AGED 32 YEARS S/O.K.P.VARGHESE, BIJOY VILLA, NALKALICKAL MURI ARANMULA VILLAGE, KOZHANCHERRY TALUK NALKALICKAL P.O.,ARANMULA, PATHANAMTHITTA DISTRICT 689 533. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1348 of 2008 ---------------------------------------- Dated this the 4th day of March 2008 O R D E R Application for anticipatory bail. Petitioners are accused 2 to 4. First accused is the husband of the de facto complainant. Petitioners are relatives of the first accused. They face allegations for offences punishable under Sections 498A and 313 I.P.C. 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. Investigation is in progress. The petitioners apprehend imminent arrest. The first accused is not available in India and he is employed abroad. 2. The learned counsel for the petitioners submits that marriage between the spouses had taken place on 17/8/2006. Crime has been registered as a retaliation against the matrimonial proceedings for divorce initiated by the first accused against the de facto complainant. Petitioners pray that anticipatory bail may be granted to them. 3. The learned Public Prosecutor does not oppose the application and I am satisfied that the petitioners can be granted anticipatory bail. In the absence of opposition from the learned B.A.No.1348/08 2 Public Prosecutor, it is not necessary to advert to 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 11/03/2008. 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 5 p.m on 12/03/2008. 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 between 10 a.m and 12 noon for a period of one month. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.1348/08 3 (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 11/03/2008, 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 11/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1348/08 4 B.A.No.1348/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007