IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8116 of 2007() ----------------------------- [CRIME NO.460/2007 OF ERATTUPETTA POLICE STATION] : PETITIONERS/ACCUSED 1 TO 4. -------------------------------------------- 1. JOBY K.M., AGED 29 YEARS, S/O. NARAYANAN, RESIDING AT KAVINNISSERIL HOUSE, THALANADU P.O., MEENACHIL TALUK, THALANADU, KOTTAYAM. 2. NARAYANAN, AGED 55 YEARS, S/O. KUTTAPPAN, RESIDING AT KAVINNISSERIL HOUSE, THALANADU P.O., MEENACHIL TALUK, THALANADU, KOTTAYAM. 3. ANEESH NARAYANAN, AGED 32 YEARS, S/O. NARAYANAN, RESIDING AT KAVINNISSERIL HOUSE, THALANADU P.O., MEENACHIL TALUK, THALANADU, KOTTAYAM. 4. SARASAMMA, AGED 50 YEARS, W/O. NARAYANAN, RESIDING AT KAVINNISSERIL HOUSE, THALANADU P.O., MEENACHIL TALUK, THALANADU, KOTTAYAM. BY ADV. SRI.T.MADHU RESPONDENTS: STATE. ------------------- THE STATION HOUSE OFFICE, ERATTUPETTA POLICE STATION, 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 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8116 of 2007 ---------------------------------------- Dated this the 8th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the de facto complainant and the relatives of the husband. The marriage took place on 27/10/2003. A son aged three years is born in the wedlock, it is submitted. The wife complained to the police about the matrimonial cruelty of the culpable variety punishable under Section 498A I.P.C. Crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioners submits that 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. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the application and I am satisfied that the petitioners can be granted anticipatory bail. In coming to this conclusion I take note of the fact that arrest and detention of the petitioners is likely to mar all possibilities of harmonious reconciliation of the matrimonial tie. I do further B.A.No.8116/07 2 take note of the submission of the learned Public Prosecutor that the alleged victim has suffered no external injuries also. 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 15/01/2008. 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 16/01/2008 and 17/01/2008 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. (iv) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A.No.8116/07 3 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 15/01/2008, 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 15/01/2008. (R.BASANT, JUDGE) jsr B.A.No.8116/07 4 B.A.No.8116/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007